HomeMy WebLinkAboutPacket_202404_04_15CITY OF SEAL BEACH
PLANNING COMMISSION AGENDA
15 April 2024 — 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, CA 90740
District 1 — Calvin Mingione
District 2 — Ben Wong
District 3 — Richard Coles – Chair
District 4 — Patty Campbell
District 5 — Margo Wheeler – Vice Chair
Department of Community Development
Alexa Smittle, Community Development Director
Shaun Temple, Planning Manager
Samuel Funes, Assistant Planner
Amy Greyson, Senior Assistant City Attorney
•City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed from
12:00 p.m. to 1:00 p.m. for lunch.
•The City of Seal Beach complies with the Americans with Disabilities Act. If you need
assistance to attend this meeting please telephone the City Clerk's Office at least 48
hours in advance of the meeting at (562) 431-2527.
•Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's
website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting
— meetings are available on-demand on the website.
•DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a
cost of $15 per DVD. Telephone: (562) 596 -1404.
•Copies of staff reports and/or written materials on each agenda item are available on the
City’s website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council-
Commission-Meetings.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORAL COMMUNICATIONS
At this time members of the public may address the Planning Commission regarding
any items within the subject matter jurisdiction of the Commission. Pursuant to the
Brown Act, the Commission cannot discuss or take action on any items not on the
agenda unless authorized by law. Those members of the public wishing to speak are
asked to come forward to the microphone and state their name for the record. All
speakers will be limited to a period of 5 minutes.
APPROVAL OF AGENDA
By Motion of the Planning Commission this is the time to notify the public of any
changes to the agenda, re- arrange the order of the agenda, and provide an opportunity
for any member of the Planning Commission or staff to request an item be removed
from the Consent Calendar for separate action.
CONSENT CALENDAR
A.Approval of the April 1, 2024 Planning Commission Minutes.
CONTINUED ITEMS
SCHEDULED MATTERS
NEW BUSINESS
PUBLIC HEARINGS
B.Specific Plan Amendment 24-1
Main Street Specific Plan Area
Applicant: The City of Seal Beach
Request: For Specific Plan Amendment 24-1 to create an administrative permit
process pertaining to Main Street outdoor uses, enhancements, and limited outdoor
dining on the public right-of-way.
Recommendation: That the Planning Commission hold a public hearing regarding
the Main Street Specific Plan Amendment and after considering all evidence and
testimony presented, recommend approval of Specific Plan Amendment 24-1 to the
City Council and find the project EXEMPT from CEQA.
DIRECTOR'S REPORT
COMMISSION CONCERNS
ADJOURNMENT
Adjourn the Planning Commission to Monday, May 6, 2024 at 7:00 p.m.
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PLANNING COMMISSION
STAFF REPORT
DATE:April 15, 2024
TO:Planning Commission
THRU:Gloria D. Harper, City Clerk
FROM:Alexa Smittle, Community Development Director
SUBJECT:Approval of the April 1, 2024 Planning Commission Minutes
RECOMMENDATION:Approve the minutes of the Planning Commission meeting
held on April 1, 2024
Prepared by: Approved by:
Gloria D. Harper Alexa Smittle
Gloria D. Harper Alexa Smittle
City Clerk Community Development Director
Attachments:
1. April 1, 2024 Planning Commission Minutes
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City of Seal Beach – Regular Meeting of the Planning Commission
April 1, 2024
Chair Coles called the Planning Commission meeting to order at 7:00 p.m.
Commissioner Wong led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Mingione, Campbell, Wong, Wheeler, Coles
Absent: None
Staff Present: Amy Greyson, Senior Assistant City Attorney
Shaun Temple, Planning Manager
Samuel Funes, Assistant Planner
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk
PUBLIC COMMUNICATIONS
Chair Coles opened public communications. Speakers: None. Chair Coles closed public
communications.
Deputy City Clerk DeCriscio announced that no emailed comments were received after
posting the agenda.
APPROVAL OF AGENDA
By Motion of the Planning Commission this is the time to notify the public of any changes
to the agenda, re-arrange the order of the agenda, and provide an opportunity for any
member of the Planning Commission or staff to request an item be removed from the
Consent Calendar for separate action.
Motion by Vice Chair Wheeler, second by Commissioner Campbell to approve the agenda.
AYES: Mingione, Wong, Campbell, Wheeler, Coles
NOES: None
ABSENT: None
ABSTAIN: None
Motion Carried.
CONSENT CALENDAR
A. Approval of the February 20, 2024, Planning Commission Minutes
Motion by Commissioner Campbell, second by Commissioner Mingione to approve the
consent calendar.
AYES: Mingione, Wong, Campbell, Wheeler, Coles
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NOES: None
ABSENT: None
ABSTAIN: None
Motion Carried.
CONTINUED ITEM(S) - None
SCHEDULED MATTERS - None
NEW BUSINESS – None
PUBLIC HEARINGS
B. Minor Use Permit (MUP 24-01)
94 A Surfside Avenue
Applicant: Steve Sennikoff on behalf of Kevin Talbot
Request: For Minor Use Permit (MUP 24-1) to permit a covered roof access
structure to exceed the maximum roof height by 6 feet 1 inch on a new single-family
residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area.
Recommendation: After conducting the Public Hearing, staff recommends that the
Planning Commission adopt Resolution No. 24-03, APPROVING Minor Use Permit 24-1
with Conditions and find the project EXEMPT from CEQA.
Assistant Planner Funes provided a comprehensive staff report. Commissioners’ questions
were addressed.
Chair Coles opened the public hearing. Speakers: Applicant: Steve Sennikoff on behalf of
Kevin Talbot. Chair Coles closed the public hearing.
Motion by Vice Chair Wheeler, second by Commissioner Campbell, that the Planning
Commission adopt Resolution No. 24-03, APPROVING Minor Use Permit 24-1 with
Conditions and find the project EXEMPT from CEQA.
AYES: Mingione, Wong, Campbell, Wheeler, Coles
NOES: None
ABSENT: None
ABSTAIN: None
Motion Carried
Senior Assistant City Attorney Greyson noted that there is a 10-day appeal period that
starts April 2, 2024.
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DIRECTOR’S REPORT - Planning Manager Temple reported that Director Smittle will be
present at the April 15, 2024, Planning Commission meeting.
He announced that the Main Street Specific Plan Amendment for Accessory Outdoor Uses
will be agendized for the April 15, 2024, Planning Commission meeting; noting that
informational materials are available on the City’s website, under the Community
Development tab.
COMMISSION CONCERNS – There were no commission concerns.
ADJOURNMENT
Chair Coles adjourned the Planning Commission meeting at 7:19 p.m. to Monday, April 15,
2024, at 7:00 p.m.
___________________________
Gloria D. Harper, City Clerk
Approved: _______________________
Richard Coles, Chair
Attest: ____________________________
Gloria D. Harper, City Clerk
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PLANNING COMMISSION
STAFF REPORT
DATE:April 15, 2024
TO:Planning Commission
THRU:Alexa Smittle, Community Development Director
FROM:Shaun Temple, Planning Manager
Megan Coats, Management Analyst
SUBJECT:SPECIFIC PLAN AMENDMENT 24-1 AMENDING THE MAIN
STREET SPECIFIC PLAN CREATING AN ADMINISTRATIVE
PERMIT PROCESS PERTAINING TO MAIN STREET
OUTDOOR USES, ENHANCEMENTS, AND LIMITED
OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY
LOCATION:Main Street Specific Plan Area
RECOMMENDATION:That the Planning Commission hold a public hearing regarding
the Main Street Specific Plan Amendment and after considering
all evidence and testimony presented, recommend approval of
Specific Plan Amendment 24-1 to the City Council and find the
project EXEMPT from CEQA.
ENVIRONMENTAL ASSESSMENT
Pursuant to the California Environmental Quality Act (“CEQA”), the Community
Development Department has determined that the proposed amendments to the Main
Street Specific Plan are categorically exempt from environmental review under CEQA
and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor
Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to
CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the
amendments do not authorize new uses or development beyond those that the existing
Specific Plan allows and only authorize the temporary placement and/or encroachment
of objects outdoors such as chairs, tables, benches, potted plants, and portable sidewalk
signs as part of the normal operations of existing Main Street businesses. The City has
determined none of the six exceptions to the use of a categorical exemption apply to this
project (CEQA Guidelines Section 15300.2).
LEGAL NOTIFICATION
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
Thursday, April 4, 2024. An affidavit of publication is on file. As of the date of this report,
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no public comment has been received. Any additional written comments received will be
forwarded under separate cover.
BACKGROUND
The Main Street Specific Plan (MSSP) adopted by the City Council on July 8, 1996 serves
as a comprehensive regulatory framework guiding land use and development within the
Main Street area of the city. The MSSP not only regulates land use but also focuses on
creating a vibrant and pedestrian-friendly environment that preserves the unique
character and charm of Main Street. Through outlining specific guidelines for permitted
uses, signage regulations, bench installations, urban design elements, and public facility
enhancements, the MSSP aims to ensure that Main Street remains a thriving hub that
caters to both local residents and visitors while maintaining its distinct identity and appeal.
Like many communities, Seal Beach instituted an outdoor dining “parklet” program during
the pandemic, temporarily suspending MSSP regulations and allowing for outdoor dining
in the public right-of-way, primarily in parking spaces. The parklet program helped keep
Main Street dining establishments viable during a very challenging time, but with the lifting
of restrictions and return to pre-pandemic life, the parklet program was eliminated in early
2023 after nearly two and a half years of operation. The end of the parklet program was
subject to significant community debate, and though the parklets were ultimately
eliminated, the City Council expressed interest in exploring other options for Main Street
to allow for outdoor dining.
This item proposes an amendment to the MSSP that would allow for an expansion of
certain uses into the public right-of-way through an administrative permit process,
including small-scale outdoor dining. More specifically, ground floor businesses would be
able to enhance their storefronts with potted plants, A-frame signs, or small dining tables.
Currently, these uses may be achieved in other ways, typically a Minor Use Permit that
must be approved by the Planning Commission. The proposed amendment would
streamline that process, offering a programmatic approach to allowable outdoor uses and
simplified permit pathway for interested businesses.
The amendment presents an economic development initiative to foster a lively street
scene and attract businesses and customers. The installation of the counter at Marina
Café roughly a year ago through a Minor Use Permit has attracted users and it has been
reported to staff that the addition invigorated sales for the business. To make the program
as straightforward as possible, the Main Street Outdoor Guidebook (Attachment 3) was
created and provides interested parties with detailed information on what options are
available to them, the process of applying for a permit, and how to maintain their outdoor
space to acceptable standards. This amendment makes no other modifications to the
MSSP, all other provisions still apply.
Finally, staff would like to acknowledge that the MSSP is now 28 years old. A document
of that age is not considered a best practice in the planning industry. Unfortunately,
significant competing priorities including General Plan updates, State legislative changes,
and an effort to develop a Local Coastal Program restrict the City’s ability to
comprehensively update the MSSP at this time. This proposed program represents an
incremental change to support Main Street’s long-term viability.
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ANALYSIS
The proposed amendment to the MSSP would create a Main Street Outdoor Program.
The goals of this initiative are: support local businesses, promote welcoming places, be
accessible and equitable, attract new business, increase visitor satisfaction, and maintain
a unique visual experience. The MSSP itself is drafted in large part around a series of
policies. The bulk of the proposed amendment is handled by adding a new policy, Policy
4.5: Main Street Outdoor Program. The following table identifies the key proposed
changes to the MSSP. All changes can be viewed in Attachment 2, with user-friendly
descriptions included in the Main Street Outdoor Guidebook, Attachment 3.
Primary Text Changes to the MSSP
(Not inclusive of reference corrections and minor edits)
Page
Number/Change
Permitted Uses
Outdoor uses under the Outdoor Program including
administrative approval of Outdoor Uses Permit and
encroachment permit (See Policy 4.5 for additional information
and requirements).
p. 9
Increases permitted
uses per Policy 4.5
Limitations on Permitted Uses
Outdoor uses authorized under the Outdoor Uses Program (see
Policy 4.5 for additional information and requirements).
p. 11
Changes limitations
per Policy 4.5
Permitted Signs
A-Frame signs shall be permitted in the Main Street Specific Plan
under a Main Street Outdoor Use Permit subject to compliance
with all of the following provisions.
a. A-Frame Sign Regulations and Design Requirements:
•Permitted Quantity and Dimensions: Each commercial
business with a first-floor, street facing frontage in the
Main Street Specific Plan shall be entitled to one A-frame
sign. The sign may have two faces, not exceeding three
feet in height or a width of two feet.
•Illumination and Placement: A-frame signs shall remain
unlighted and should not obscure or visually impair vehicle
or pedestrian traffic. Placement of A-frame signs should
ensure they do not encroach upon the public right-of-way
or publicly owned property without prior approval through
an outdoor use permit, and at no time shall placement or
maintenance of A-frame signs impede emergency access
or violate disability access requirements including but not
limited to, wheelchair access.
p. 20 – 21
A-Frame signs
allowed with
limitations
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•Clear Path of Travel: A-frame signage placement must at
all times allow for and maintain a minimum 8-foot clear
path of travel between the edge of the sign and any
sidewalk obstructions, including light poles, parking
meters, news racks, and fire hydrants.
•Permitted Location: If the business possesses an
approved permit for outdoor use, A-frame signage should
be positioned within the allocated use area with the other
permitted items, and all permitted items including A-frame
sign shall fit completely within the allocated use area. A-
frame signage must be removed from the right-of-way at
the conclusion of each business day to uphold the safety,
access, cleanliness and aesthetics of Main Street.
POLICY 4.5 Main Street Outdoor Program
The Main Street Outdoor Program is designed to revitalize the
frontages of ground-floor businesses and property owners
located on Main Street. The program encourages these
establishments to expand their frontage by setting up outdoor
accessory uses such as dining areas, benches, plants, and
signage, creating a welcoming environment for visitors. The
program aims to enhance the overall aesthetic appeal of Main
Street, while also providing businesses with an opportunity to
increase their visibility and attract more foot traffic. The focus on
dining outdoors emphasizes the al fresco atmosphere, allowing
visitors to savor their meals amidst natural elements and enjoy a
more relaxed setting. The expansion of outdoor dining/uses
through the limited use of sidewalk is an effective strategy to not
only support local businesses, but to activate the public realm by
creating pedestrian-oriented spaces worth walking to and
spending time in.
Goals:
✓Support Local Business;
✓Promote welcoming places;
✓Be accessible and equitable;
✓Attract new business;
✓Increase visitor satisfaction; and
✓Maintain a unique visual experience.
APPLICABILITY:
The purpose of this policy section is to establish general
procedures and guidelines for the establishment and operation
of accessory outdoor uses on Main Street though an
administrative process. Outdoor sidewalk dining enhances the
vibrancy and vitality of the City's commercial areas while
promoting pedestrian activity and economic development.
p. 22 – 36
Policy 4.5 is the
body of the
proposed
Amendment.
The Policy outlines
the goals,
regulations, and
process for approval
of outdoor materials,
including small
dining areas, signs,
and decorative
enhancements.
The Policy also
outlines the required
operation standards
and revocation
actions if violations
occur.
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The provisions of this section are applicable to eligible property
owners and business owners with businesses that meet the
following requirements:
•Located on Frontage in the Main Street Specific Plan area,
•Operate a ground floor establishment,
•Comply with State Alcoholic Beverage Control requirements,
•Obtained an encroachment permit and outdoor use permit,
•Comply with development standards and operating
requirements of the Main Street outdoor use permit and
encroachment permit.
PERMITTED ITEMS with the Main Street outdoor use permit:
•Tables
•Chairs
•Benches
•Business signage
•Potted Plants
•Heaters
•Umbrellas
OUTDOOR MERCHANDISE:
Outdoor merchandise of any kind, such as store clothing racks,
clothing bins, and clothing shelves shall not be approved through
this program. Merchandise displayed outside on Main Street
shall be prohibited on the public sidewalk (unless with a Special
Events/Temporary Use Permit with event based time limit on
public and private property) and can only be approved to be
displayed outdoors on private property through a Minor Use
Permit or Conditional Use Permit pursuant to the Outdoor Dining
Display, and Sales Section of the Zoning Code.
ADMINISTRATIVE REVIEW:
Outdoor sidewalk uses shall be permitted on private property and
public sidewalks in front of existing businesses within the Main
Street Specific Plan area of the City of Seal Beach subject to the
issuance of an administrative outdoor use permit and
encroachment permit and compliance with the standards as
outlined in and required by this policy.
DEVELOPMENT STANDARDS:
This outline provides a comprehensive overview of the
development standards and requirements for outdoor sidewalk
uses permitted through application. Applicants are advised to
refer to the specific regulations and guidelines outlined below in
the standards chart for detailed information and compliance.
ADDITIONAL ITEM SPECIFIC REQUIREMENTS:
a) Tables and chairs shall be limited to one row.
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b) Tall tables are permitted as long as compliance with ADA and
development standards is maintained and necessary permits
obtained. As used herein, a “tall table” means a table or
counter that does not exceed 45 inches in height. Consult
Community Development Department for guidance.
c) All permitted items must be within the City-authorized area of
the business’ storefront without extending into or being within
the storefront of a neighboring business while maintaining
eight feet of unobstructed sidewalk at all times. As used in
this Specific Plan, “storefront” means the portion of the private
and/or public area inclusive of sidewalks directly in front of the
adjoining building the business occupies and in which outdoor
uses are approved for temporary placement in accordance
with the requirements of this Plan and permits.
d) If an adjacent business agrees in writing to allow a
neighboring restaurant or coffee shop to use a portion of the
storefront along the adjacent business’ frontage, the
restaurant can extend its dining area by a maximum of one
foot into the adjacent storefront of the neighboring business.
Approval of an extension into the adjacent storefront shall
require the applicant to submit a signed letter from the
adjacent business stating that they agree to allow the
restaurant to use one foot of the adjacent storefront for
permitted outdoor dining.
e) Applicants/permittees are responsible for compliance with all
alcohol license requirements, if applicable.
Applicants/permittees are advised to work directly with ABC
to understand alcohol service regulations on the sidewalk
f) The permitted dining locations and size of the tables are as
follows.
g) Plant materials shall be selected for low water demand and
drought tolerance, adaptability and relationship to the Seal
Beach environment, and the geological and topographical
conditions of the site.
h) Plants and planters shall not exceed the permitted height of
30 inches on parcels located on a corner with proposed
planters in the traffic visibility triangle.
i) Storefronts with a Memorial Bench Program bench shall be
permitted up to one additional bench with the application of a
Main Street Outdoor Use Permit.
j) Bench and Landscaping example:
k) Portable gas (LPH) heating appliances may be used within
Main Street dining areas and must meet the following
requirements:
i. Cannot be located beneath or closer than 10 feet to
canopies/tents per California Fire Code.
ii. Cannot be five feet to similar combustible materials per
California Fire Code.
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iii. Propane tanks may be stored on site in an approved
enclosed area of the installation to the satisfaction of
the Building and Safety Department and Orange
County Fire Authority.
iv. Only permitted when used with outdoor dining.
l) The placement, color, style and type of umbrella or coverings
shall be consistent with and complement the design and
appearance of the affected building. Only permitted when
used for outdoor dining.
m) Umbrellas and heater example;
n) A-frame signs shall maintain a minimum clearance of eight
feet in the walkway.
APPLICATION PROCESS:
Applicants shall review and complete materials required in the
Main Street Outdoor Uses Guide and Application Checklist for
the identified location of the Outdoor items. Applicants shall
confirm location eligibility with staff prior to submitting plans of
proposal. This application and permits are not transferable and
do not run with the land, and a new Main Street Outdoor Use
Permit and encroachment permit shall be completed with each
new business in the location if a transferred or new outdoor use
wishes to be maintained at that location.
APPLICATION INFORMATION:
The applicant shall submit the application and pay processing
fees in accordance with the provisions set forth in the City Master
Fees. The applicant shall submit the following related materials
for compliance review of applicable requirements set forth in this
specific plan.
1. Completed Main Street Outdoor Uses Application/Checklist
2. Provide an outdoor layout plan with design details and site
photos
3. Proof of Liability Insurance and Liability Release Agreement
4. Pay the fees for the Main Street Outdoor Use Permit
5. Confirmation of the application for a concurrent
Encroachment Permit from Public Works
6. Written approval from the Property and Business owner(s)
7. Written approval from adjacent Property and Business
owner(s) if outdoor use will extend into the adjacent business’
storefront.
APPLICATION REVIEW:
Applications shall be reviewed by applicable City
Departments/Divisions including but not limited to Planning,
Building, Fire, Police and Public Works. During the review period
a Community Development Inspector shall complete a site visit
to confirm the dimensions and outdoor layout plan provided is
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accurate and can accommodate the requested outdoor uses.
The Applicant shall provide any additional information or
documentation and respond to City comments as requested.
APPROVING AUTHORITY:
All Main Street outdoor use permits are reviewed and approved
by the Community Development Director or designee. The
director shall issue the Main Street outdoor use permit only if all
required requirements and standards of the Main Street Specific
Plan and Outdoor Use Guidelines are met.
INSTALLATION AND INSPECTIONS:
Applicants shall be notified by the Community Development
Department once an application is approved with code compliant
design layout and all fees have been paid.
INSTALLATION:
Applicant/permittee shall post the City provided window sticker
with business name and expiration date in store window.
INSPECTIONS:
The Applicant/permittee shall request an inspection for
compliance after the installation has been completed. The City
will inspect for the outdoor uses for compliance with the permit
approvals based on the following standards:
✓Site plan and development standards,
✓Operating standards,
✓Active/up-to-date permit
✓Maintenance Standards
Applicants/permittees shall be notified by the Community
Development department once an inspection has been
scheduled.
TIME LIMITATIONS:
The Main Street outdoor use permit is valid for one fiscal year
(July 1st through June 30th) and shall automatically expire June
30th of every year. Permittees wishing to renew an expiring permit
shall submit a renewal form with appropriate fees prior to June
30th. Outdoor uses shall cease after June 30th pending the
Department’s review of and determination on a renewal
application form.
MAINTENANCE:
All Main Street outdoor areas must be maintained by the
permittee in clean and safe conditions at all times, including
sweeping and cleaning of outdoor use locations, and appropriate
provisions for trash disposal. At all times each permittee shall
also ensure the preservation of pedestrian access and disability
access along the public sidewalk. Owners and permittees of
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approved outdoor use areas are responsible for upholding these
standards at all times. Owners and permittees of approved
outdoor uses shall meet the requirements of this Policy and the
Encroachment permit at all times (Refer to the Public Works
Requirements for additional information).
CHANGE OF OWNERSHIP:
Approved and valid permits may not be transferred to new
business owners even at the same address. Any business that
has a change in ownership shall be required to submit and obtain
City approval of a new application reflecting new ownership and
compliance with all requirements of this Policy, and issuance of
a new outdoor use permit and encroachment permit.
REVOCATION:
The City retains the right to revoke or suspend an outdoor use
permit and/or encroachment permit upon written notice to the
permittee for any cause, regardless of conformance with these
provisions. Situations that may merit suspension or revocation
include, but are not limited to:
1. Emergencies, necessary construction, or area maintenance
at the discretion of the Community Development Director;
2. Suspension, revocation, or cancellation of any necessary
health permit(s) or failure to comply with Alcoholic Beverage
Control Board (ABC) permits/regulations;
3. Failure to comply with the outdoor layout plan;
4. Failure to comply with the operating requirements of the
approval;
5. Failure to comply with any relevant Conditional Use Permit
(CUP);
6. Failure to comply with disability access requirements of the
Americans with Disabilities Act;
7. Failure to address administrative citations, Zoning Code
violations, or other Municipal Code violations, or repeated
citations/ infractions;
8. Failure to maintain a valid business license.
NOTICE OF VIOLATION:
Upon identification of a violation of permit conditions, regulations,
or applicable laws related to outdoor uses, the Community
Development Department shall issue a written Notice of Violation
to the permittee.
Upon receipt of the Notice of Violation, the permittee must
remedy the violation and demonstrate compliance with permit
conditions. A Community Development Inspector will then return
for an inspection to confirm compliance. If permittee is unable to
comply with the permit, the permit shall immediately be revoked
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for the reasons listed above.
INSTALLATION REMOVAL:
The operation shall cease and the permittee shall restore the
permit area to the condition existing prior to the placement of the
outdoor facilities within 24 hours of receipt of written notice of
revocation or suspension, regardless of any appeal of the action,
or to a condition acceptable by the Community Development
Director.
If pursuant to the above requirements, permit areas that are not
restored by the permittee within the time specified by the City,
the City may remove any and all facilities installed within the
right-of-way. Reimbursement of City costs for said removal and
storage shall be the responsibility of the permittee. The City may
dispose of any such facilities following notice to permittees in
accordance with applicable law.
REQUIRED OPERATION STANDARDS:
Main Street outdoor use permittees are required to comply with
the following operating standards:
A. Permittees shall comply with all State Alcoholic Beverage
Control Board (ABC) requirements when the conditional use
permit includes the sale of alcohol.
B. Permittees shall not begin hours of sidewalk operation prior
to 7 a.m. nor extend later than 10 p.m.
C. Permittees shall maintain eight feet of unobstructed clear
space of travel for pedestrians, free and clear of any existing
obstacles (street furniture, utilities, etc.) to the satisfaction of
the Community Development Director. Such clear pathway
shall link continuously with pathways on each side of the
property and shall allow a minimum clear space of eight feet
at all times. These minimum widths are to ensure compliance
with ADA standards and reduce liability concerns due to
shifting tables, wait staff or other obstructions which can
reduce the effective width.
D. Permittees shall ensure where umbrellas and awnings are
used, a vertical clearance of at least seven feet above the
sidewalk must be maintained and eight feet clear path of
travel.
E. Permittees shall not allow for items within the Main Street
outdoor use areas, except for approved greenery and
benches, to be left when not in use or overnight unless
property is secured to the satisfaction of the Community
Development Director.
F. Permittees shall confine approved outdoor uses to the area
shown on the approved outdoor layout plan and shall not
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interfere with building egress.
G. Permittees shall maintain outdoor use areas in a clean and
safe condition at all times with appropriate provisions for trash
disposal.
H. Permittees and associated business operations shall meet all
required County Health Department standards, obtain any
necessary permits and service to the areas shall be
conducted in a safe manner at all times.
I. The permit issued shall not be transferable in any manner,
unless approved by the City with the submittal of a new
application reflecting new ownership.
J. Operations permitted under the Main Street outdoor use
permit shall in no way interfere with access to City utilities.
K. Permittees shall prohibit smoking in the outdoor use areas.
L. Issuance of the Main Street outdoor use permit shall not
permit or allow the placement of any permanent or temporary
structure or improvement on public or private property in
violation of any state or federal accessibility law, including the
Americans with Disability Act, or prohibit or suspend
immediate code enforcement action deemed necessary by
the Building Official, City Engineer, or any other authorized
enforcement official of the City, to remedy or abate: a
dangerous condition or activity; any activity presenting
imminent threat or harm to the health, safety or welfare of the
community; any violation of state or federal accessibility law;
or any unauthorized activity on private property or in the
public right-of-way. Permittees are responsible for ensuring
accessibility and ADA compliance of their Main Street outdoor
use areas at all times.
M. Permittees shall have all propane cylinders used for outdoor
gas heaters stored and secured pursuant to regulations in the
California Code of Regulations and California Fire Code.
Cylinders placed in the public right-of-way shall be safely
secured and locked with the heater enclosure stored in
vented safety cages or cabinets in a flat area that does not
collect water and is adequately shieled from pedestrian and
motor vehicle traffic.
Policy 5. Parking Standards
Exception: Outdoor seating/uses, accessory to
restaurants/coffee house/dessert shop shall not be required
parking spaces (see subparagraph 15)
p. 42 – 43
Outdoor uses will
not affect the current
parking standards.
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Outdoor seating/ uses permit…0 spaces (Outdoor seating/ uses
shall not result in a reduction of parking provided for the related
primary restaurant / coffee house / dessert shop.)
Policy 11. Benches
Merchants shall be encouraged to add memorial benches to
Main Street, through the memorial bench program, since they
add to the pedestrian scale and atmosphere. All bench designs
shall be approved by the City through a memorial bench
application and the appropriate encroachment permit shall be
obtained from the City. Non-memorial benches can also be
added through the Outdoor Uses Program (See Policy 4.5 for
additional information and requirements). Memorial benches
shall maintain disability access, pedestrian access, and access
to and from the public street, at all times.
p. 51 – 52
Memorial benches
allowed on Main
Street through
application. Non-
memorial benches
added through
outdoor use
program.
Signs on Public Sidewalks
However, the current City Code prohibits such signs. In 2010, the
City amended the Zoning Code to allow for sidewalk signs that
adhere to strict perimeters, and pursuant to this update, the Main
Street Specific Plan has been amended to allow sidewalk signs
of different designs to be added to businesses on Main Street
subject to conditions intended to provide for and preserve safety,
pedestrian access, disability access, sanitation and aesthetics.
The City issues permits for sidewalk signs in the public right- of
way but merchants buy their own signs and the City approves the
sign design and location.
POLICY 15. Signs on Public Sidewalks
The City should amend the City Code to allow selected sidewalk
signs within the Main Street Specific Plan area. Merchants shall
be encouraged to add signage to Main Street since they add to
the pedestrian engagement. All such signs shall be approved by
the City and the appropriate encroachment and outdoor use
permits shall be obtained from the City as a condition of
installation of any sign in the public right-of-way.
p. 53
A-Frame signs
allowed with
limitations.
Outdoor Uses on Public Sidewalks
Outdoor uses shall be permitted in Public Sidewalks with the
required Outdoor Uses Permit and encroachment permit. See
Policy 4.5 for additional information and requirements.
p. 54
Increases permitted
uses per Policy 4.5.
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CONCLUSION
Staff recommends that the Planning Commission hold a public hearing and after
considering all evidence and testimony presented, adopt the attached resolution
recommending approval of Specific Plan Amendment 24-1 to the City Council.
Prepared by:
Megan Coats Alexa Smittle
Megan Coats Alexa Smittle
Management Analyst Community Development Director
Attachments:
1. Resolution No. 24-04
2. Draft Main Street Specific Plan
3. Draft Main Street Outdoor Uses Guide
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RESOLUTION NO. 24-04
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF
SPECIFIC PLAN AMENDMENT 24-1, FOR THE
AMENDMENT TO THE MAIN STREET SPECIFIC PLAN
PERTAINING TO MAIN STREET OUTDOOR USES,
ENHANCEMENTS, AND OUTDOOR DINING ON THE
PUBLIC RIGHT-OF-WAY
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE AS FOLLOWS:
WHEREAS, on July 22, 1996, the City Council adopted Revision 96-1 to the Main
Street Specific Plan creating the current version of the Main Street Specific Plan; and
WHEREAS, In accordance with Government Code Section 65453(a); A specific
plan may be adopted by resolution or by ordinance and may be amended as often as
deemed necessary by the legislative body; and
WHEREAS, the Planning Commission is authorized, pursuant to Section
11.5.05.010.B of the Municipal Code, to make a written recommendation to the City
Council to approve, approve with modifications, or disapprove amendments to specific
plans; and
WHEREAS, Pursuant to the California Environmental Quality Act (“CEQA”), the
Community Development Department has determined that the proposed amendments to
the Main Street Specific Plan are categorically exempt from environmental review under
CEQA and the City’s CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor
Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to
CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the
amendments do not authorize new uses or development beyond those that the existing
Specific Plan allows and only authorize the temporary placement and/or encroachment
of objects outdoors such as chairs, tables, benches, potted plants, and portable sidewalk
signs as part of the normal operations of existing Main Street businesses. The City has
determined none of the six exceptions to the use of a categorical exemption apply to this
project (CEQA Guidelines Section 15300.2); and
WHEREAS, the Community Development Department on April 4, 2024, caused to
be published a legal notice in the Sun Newspaper, a local paper of general circulation, a
hearing notice indicating the date, time, and location of the public hearing on the proposed
Specific Plan Amendment; and
WHEREAS, on April 15, 2024, the Planning Commission held the duly noticed
public hearing where interested persons had an opportunity to testify in support of, or
opposition to, the proposed amendments.
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. The City of Seal Beach proposes an amendment to the Main Street
Specific Plan. The amendment would create an administrative permit process pertaining
to Main Street outdoor uses, enhancements, and outdoor dining on the public right-of-
way.
Section 2. The proposed amendments to the Main Street Specific Plan are
categorically exempt from environmental review under CEQA and the City’s CEQA
Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and
Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section
15301(c) and (e), Section 15304(e), and Section 15305, as the amendments do not
authorize new uses or development beyond those that the existing Specific Plan allows
and only authorize the temporary placement and/or encroachment of objects outdoors
such as chairs, tables, benches, potted plants, and portable sidewalk signs as part of the
normal operations of existing Main Street businesses. None of the six exceptions to the
use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
Section 3. In accordance with Section 11.5.15.025 (Required Findings) of the
Municipal Code, no findings are required for legislative acts. Notwithstanding this general
rule, the Council shall determine whether the proposed action is consistent with the
General Plan. The Planning Commission hereby makes the following finding of General
Plan consistency, as supported by substantial evidence on the record including and
incorporating all facts and evidence in the staff report and its attendant attachments, in
support of the recommendation for approval of Specific Plan Amendment 24-1:
Finding: The proposed amendment is consistent with the following General Plan
Goals and Policies:
Land Use Element
1. Main Street Specific Plan: The General Plan states that the City Council
adopted the Main Street Specific Plan to provide a vision document to
preserve and enhance the downtown area of Seal beach. The Main
Street Specific Plan provides specific direction regarding allowed land
uses and operations, building and design provisions, and parking
standards and management, to ensure compatibility between land uses
and preservation of the area’s small-town character.
2. Features of the Community: A goal of the City is to maintain and promote
those social and physical qualities that enhance the character of the
community and the environment in which we live.
3. Commercial: The City should explore available means to support,
encourage, and balance commercial development within the city.
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Section 4. On April 15, 2024, the Planning Commission held a duly noticed
public hearing to consider Specific Plan Amendment 24-1, which would amend the Main
Street Specific Plan as set forth in the draft ordinance included as Attachment “A.”.
Section 5. Based on the findings contained in Sections 1 to 4 of this Resolution,
and all other evidence in the record, the Planning Commission hereby recommends that
the City Council approve Specific Plan Amendment 24-1.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on April 15, 2024, by the following vote:
AYES: Commissioners ___________________________________________________
NOES: Commissioners ___________________________________________________
ABSENT: Commissioners _________________________________________________
ABSTAIN: Commissioners ________________________________________________
_________________________________
Richard Coles
ATTEST: Chairperson
_________________________________
Alexa Smittle
Planning Commission Secretary
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ATTACHMENT A
DRAFT MAIN STREET SPECIFIC PLAN
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MAIN STREET SPECIFIC PLAN
CITY OF SEAL BEACH
JULY 8, 1996
Amended [DATE] 2024
Amendments can be found bold and underlined
Removed text can be found bold, underlined, and with a strikethrough
Main Street Specific Plan Zucker Systems
ACKNOWLEDGEMENTS
City Council Planning Commission
Mayor Gwen Forsythe Chairperson Patti Campbell
Mayor Pro Tem Marilyn Hastings Vice-Chairman Brian Brown
Councilman George E. Brown Commissioner Anton Dahlman
Councilman Bill Doane Commissioner Mary Law
Councilman Frank Laszlo* Commissioner Jim Sharp
Councilwoman Patti Campbell
City Staff Consultants
Joanne Yeo, City Clerk Zucker Systems, San Diego
Jerry Bankston, City Manager** Paul C. Zucker, President
Keith R. Till, City Manager Laurie Price, Planner
Lee Whittenberg, Director of Ryan McAweeney,
Development Services Graphic Designer
Barry Curtis, Assistant Planner Amy Becker
Dept. of Development Services Administration Assistant
Joan Fillmann, Executive Secretary,
Dept. of Development Services Linscott, Law & Greenspan,
Costa Mesa
Jack Greenspan, P.E.
Jay Nelson
___________________
*Former Member of City Council
**Formerly with City
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TABLE OF CONTENTS
1. INTRODUCTION…………………………………………….…....….…….1
A. Vision…………………………………………………………....….……1
B. Statutory Authority……………………………………….………………3
C. Relation to the General Plan……………………………………………..3
D. Relation to the Zoning Code and Other City Ordinances……….……….4
2. LAND USE…………………………………………………………….……5
3. BUILDING AND DESIGN PROVISIONS………………………………..13
4. MAIN STREET OUTDOOR PROGRAM……………………...………22
4. 5. PARKING AND TRAFFIC…………………………….….………21 37
A.Parking……………………………………………….……….……21 37
B.Traffic………………………………………………..…….……….23 40
5. 6. PUBLIC FACILITIES…………………………...…………………33 49
A.Street Trees……………………………………………………...33 49
B.Utility Lines and Poles………………………………………….35 51
C.Benches…………………………………….……………………35 51
D.Street Lighting………………………………………………….36 52
E.Bicycle Facilities……………………………………………..…36 52
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F.Landscaping…………………………………………………..…36 52
G.Signs on Public Sidewalks……………………………………...37 53
H.Other Public Facilities……………………………………….....37 54
I. Outdoor Uses on Public Sidewalks……………………………….54
6. 7. SCREENING OF PRIVATE PARKING LOTS……………..……..38 55
7. 8. DOWNTOWN MANAGEMENT………………………………….40 57
8. 9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL PLAN 42
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APPENDIX
BACKGROUND STUDIES…………...……………………..(Separate Document)
LIST OF TABLES
1. 1994 Street Level Land Use by Type and Number
of Businesses within Specific Boundary…………………………………….6
2. Establishments Serving Alcohol by Type of
License………………………..8
3. Outdoor Uses Development
Standards…………………………...……...25
3. 4. Parking Inventory…………………………………….…...………….21 37
LIST OF FIGURES
1. Main Street Specific Plan Boundary…………………………………….….2
2. Street Trees………………………………………………………….….34 50
3. Parking Lot Screening………………………………………………….39 56
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1. INTRODUCTION
A. Vision
The Main Street Specific Plan has been prepared by the City of Seal Beach to provide
a long range “vision" and implementing actions for the preservation and
enhancement of downtown Seal Beach. The Plan applies to the approximately 21
acres shown on Figure 1. It includes the previous C-1 zoning district surrounding
Main Street, the previous C-2 zone at the corner of Main Street and Pacific Coast
Highway and related public uses. The regulatory portions of the Specific Plan are
implemented through the creation of a new Main Street Specific Plan Zone (C-SP
Zone) in the City's Zoning Code.
This Plan revises a Main Street Specific Plan adopted by the City Council in January
1976. It builds on a report prepared by the Downtown Parking and Urban Design
Task Force in 1984. The current Plan is the result of studies conducted in 1994 and
1995. The study included numerous interviews, an opinion survey sent to 1,200
residents and businesses with a 50% return, detailed parking counts, an up-to-date
land use survey, and various other field studies.
The Plan is based on the following vision:
VISION
The Main Street area is particularly important because it is a cohesive agent for a
city that is geographically fragmented. The vision for Main Street is small town
America. Important features include a family town with friendly people who care
for each other. A pedestrian oriented area where people walk and feel safe on the
street at night. An area with both architectural and economic diversity with a mix of
offices and businesses. Main Street is surrounded by an area of mixed housing types
and institutions, creating a complete small town community. Although it is
recognized that the area will have businesses that serve both residents and visitors,
the goal is to not have visitor serving uses overwhelm the area at the expense of the
small-town character. It is also recognized that when the weather and beach
conditions are attractive, the demand for parking may exceed the supply.
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The
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differential standards used in the Main Street Specific Plan may seem to some as
unfair in relation to the rest of the City. However, the VISION clearly establishes
the importance of Main Street and justifies its differential treatment. What would
Seal Beach be like without Main Street? The Plan recognizes Main Street as the heart
and soul of Seal Beach.
What makes a community special is often the very same factor that causes pressure
for change. The more charming a town appears, the greater the demand upon the
community from the outside. The need to serve the visitor brings with it new
businesses that can change the character of the town. Main streets like Seal Beach's
have disappeared all over the country. Typical issues include:
If they become very tourist popular, tourist uses and chain stores out bid local uses,
driving up the rents and driving out local uses.
Traditional small one-of-a-kind stores have trouble competing with the big box
retailers and chain stores.
The Main Street Specific Plan is designed to address these issues.
B. Statutory Authority
The Specific Plan is authorized by Article 8 of the California Government Code
(Section 65450 et. seq.) and this document meets the requirements as specified in
Section 65451.
C. Relation to the General Plan
The Specific Plan carries out the objectives of the Seal Beach General Plan. It
provides the detailed criteria for development of specific sites and public
improvements.
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The Specific Plan is relatively high in the land use hierarchy, coming just below the
General Plan. Zoning, subdivisions, public works projects and development
agreements all must be consistent with the adopted Specific Plan.
The Plan creates a bridge between General Plan policies and individual development
proposals.
Specific language relating the Specific Plan to the General Plan is included in
Chapter 8.
D. Relation to the Zoning Code and Other City Ordinances
The regulatory portions of the Specific Plan have been incorporated into the City's
Zoning Code and are also repeated in this Specific Plan document. Therefore, the
City's Zoning Code or other City ordinances, including those ordinances amended
or enacted as part of this adoption of this Specific Plan, continue to apply to the Main
Street Specific Plan area.
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2. LAND USE
The small town village charm of Seal Beach's Main Street area comes from a variety
of factors including the eclectic mix of architecture, constrained area (only three
blocks long), and relation to the ocean. However, of major importance, if not the
single most important element, is the mix of uses in close proximity to one another.
Within the area there are 107 commercial parcels. Along Main Street and
immediately adjacent to Ocean, Central and Electric Avenues there are 121 existing
businesses located at street level. 38 office suites are situated on the second and third
floors above Main Street.
The 1994 land use is shown in a separate Background Studies report.
The commercial uses are the key to the area's special character. The commercial
center has been able to retain its small town character due to those businesses that
depend on and support the adjoining residential development. These uses are
traditionally found in a small town, village center. It is important that they be
retained and other similar uses be encouraged to establish on Main Street whenever
possible. In Seal Beach these uses include: grocery store, financial institution,
hardware store, Post Office, drug store, movie theater, and nursery.
Additional land uses such as bookstores, video rentals, newspaper, cafes, doctor's
offices, barber shops etc. are also essential to a small town character. Table 1
summarizes the 1994 land use.
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Businesses that serve the residential community of Seal Beach also receive a
percentage of their business from the visitors to the community, and in some cases
without the visitors' business, they might not be able to survive.
Part of Seal Beach's old town charm is the close proximity of its residential
development to the commercial establishments. This arrangement is highly
desirable.
Frequently, the biggest conflict between a commercial center and an adjoining
residential neighborhood is between the residents and the nearby eating and drinking
establishments. In the Main Street area of Seal Beach there are 23 restaurants of
which 14 serve liquor, see Table 2. Also there are two bars which serve no food and
three other businesses licensed to sell liquor for off-premise consumption.
Table 2 also indicates which eating establishments serve alcoholic beverages and
their closing hours. A majority of the establishments are licensed to sell only beer
and wine, and generally close between ten and eleven o'clock in the evening. The
two bars and four restaurants with general liquor licenses (permitted to sell distilled
alcohol as well as beer and wine) are allowed to stay open later. All establishments
are closed by 2:00 am.
The Main Street business area is located in Census Tract 995.05, which is identified
by the State Department of Alcoholic Beverage Control (ABC) as being
“overconcentrated”. Overconcentration is a guideline utilized by the ABC to
determine if additional alcoholic beverage licenses should be issued in that area. Seal
Beach requires a “conditional use permit” for any alcoholic beverage type of sale,
and the City can consider the potential impact of an “overconcentration” of ABC
licenses during the public hearing process. Without a conditional use permit
approval from the City, ABC will not issue a new alcoholic beverage sales license
within the City. Based on 1990 U.S. Census population information, Census Tract
995.05 would support a total of 13 on- and off-premise licenses, with the tract
currently having 33 licensed location, 20 of which are within the Main Street
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Specific Plan area. Those alcohol serving businesses with the Main Street Specific
Plan area are set forth in Table 2, following.
POLICY 1. Create a New Main Street Specific Plan Zone (Article
12.5, Section 28-1250 and 28-1251, C-SP Zone)
Section 28-1250. Permitted Uses.
A. Permitted Uses
1) Barbershops and beauty parlors;
2)Coffee houses, dessert shops and similar establishments provided there is
seating for no more than 10 customers and the gross square footage of the
establishment does not exceed 1,000 sq. ft (See subparagraph (14) for
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additional information regarding permitted outdoor accessory uses
under the Outdoor Program);
3) Financial institutions;
4) General retail businesses such as grocery store, furniture store, etc.;
5) Horticultural Nursery;
6) Medical offices and laboratories facing Main Street or Ocean Avenue;
7) Medical offices and laboratories not facing Main Street or Ocean Avenue;
8) Prescription pharmacies;
9) Professional offices facing Main Street or Ocean Avenue (2nd floor and above
only);
10) Professional offices not facing Main Street or Ocean Avenue;
11) Service businesses dealing directly with consumers (dressmaker, nail shop,
tailor, etc);
12) Accessory buildings and structures; and
13) Other similar uses when determined by the Planning Commission to be
consistent with the Main Street Specific Plan and compatible with other
permitted uses within the zone.
14) Outdoor uses under the Outdoor Program including administrative
approval of Outdoor Uses Permit and encroachment permit (See Policy
4.5 for additional information and requirements).
B. Uses Subject to Issuance of a Conditional Use Permit
1) Automatic ice vending machines;
2) Coffee houses, dessert shops and similar establishments with seating for more
than 10 customers and the gross square footage of the establishment exceeds
1,000 sq. ft;
3) Coin operated amusement machines as a secondary use;
4) Commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m.;
5) Entertainment cafes;
6) Gas Stations located on a major arterial, subject to compliance with the
performance and development standards imposed by Section 23-2318;
7) Horticultural Nursery;
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8) Liquor establishments, if part of a grocery store, provided that the number of
such establishments permitted in the Main Street Specific Plan Zone shall not
exceed two (2) at any one time. Permitted operating hours for such
establishments shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday,
and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays. Any such
establishments which qualify for temporary on-sale or off-sale licenses under
the provisions of California Business and Professions Code Sections 24045.1,
24045.2, 24045.3, 24045.4, 24045.6, 24045.7, 24045.8, and 24045.9, as may
be amended, shall be exempt from this requirement for a Conditional Use
Permit;
9) Medical offices and laboratories facing Main Street or Ocean Avenue (1st
floor);
10) Movie Theaters;
11) Parking garage;
12) Pet shop;
13) Private Parking lots;
14) Professional offices facing Main Street or Ocean Avenue (1st floor);
15) Recycling facilities as defined in Section 28-2321 and as follows:
a) Reverse vending machines;
b) Small collection recycling facilities within a convenience zone; and
c) Mobile recycling units within a convenience zone;
16) Restaurant, with or without alcohol sales (not including drive-in restaurants).
Permitted operating hours of such restaurants shall be 7:00 a.m. to 10:00 p.m.,
Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and
holidays;
17) Similar retail or service establishments catering directly to consumers when
interpreted by the Planning Commission as meeting the intent of service
commercial uses and the General Plan; and
18) Veterinary out-patient clinic.
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Section 28-1251. Limitations on Permitted Uses.
Every use permitted shall be subject to the following conditions and limitations:
A. All uses shall be conducted wholly within an enclosed building except such uses
as:
1) Growing stock, only when in connection with horticultural nurseries;
2) Parking lots;
3) Restaurant, semi-enclosed;
4) Outdoor uses authorized under the Outdoor Uses Program (See Policy
4.5 for additional information and requirements).
B. Storage shall be limited to accessory storage of commodities sold at retail on the
premises.
C. All operations conducted on the premises shall not be objectionable by reason of
noise, odor, dust, mud, smoke, steam, vibration or other similar causes.
D. Where any property used for commercial purposes has a common property line
with property zoned for residential purposes, no commercial use shall be
established thereon unless there is first erected a solid masonry or concrete block
wall not less than eight feet in height at such property line, except where a wall
of a building is on such property line, no separate block wall need be provided.
E. Findings required for Conditional Use Permits within the Main Street Specific
Plan boundaries:
1) Additional Findings Required. In reviewing applications for Conditional Use
Permits for the Main Street area, the Planning Commission shall evaluate each
proposed use in order to consider its impact on the City. No Conditional Use
Permit shall be granted within the Main Street Specific Plan boundaries unless
the Planning Commission makes, in addition to those findings required in the
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Zoning Code, Section 28-2503 and 28-250411.5.20.020, all of the following
findings:
a) The proposed use is consistent with the intent and purpose and Vision
established for the Main Street Specific Plan.
b) The proposed use does not conflict with the Specific Plan’s goal to
establish and maintain a balanced mix of uses that serve the needs of both
local and non-local populations.
c) The use will contribute to the unique character of Main Street and the
qualities that provide the Main Street a sense of identity.
d) The proposed use complies with all applicable City Council policies, such
as the policies the Council has adopted concerning alcohol serving uses.
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3. BUILDING AND DESIGN PROVISIONS
In preparing the Specific Plan, an urban design analysis of the Main Street area was
conducted. This study suggested that the following factors are important ingredients
in maintaining the small town village charm and a pedestrian scale:
✓Transparent storefronts with views into shops, offices and restaurants.
✓Building facades located near the street property line.
✓Continuous street side facades from side lot line to side lot line.
✓Screening of parking lots from the pedestrians’ way.
✓Building facades limited to 35-50 feet in width.
✓Eclectic architecture without national trademark buildings.
✓Low one and two story buildings.
✓Signs in keeping with the pedestrian scale and atmosphere.
Although many communities would use these factors to establish a design review
process, the Main Street Specific Plan takes a different approach. Specific design
criteria are established to be implemented as part of a ministerial permit process.
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POLICY 2. Create New General Provisions for Lot Size, Open Space,
Bulk and Yards (C-SP Zone, Section 28-1253)
Section 28-1253. General Provisions. Lot Size, Open Space and Yards.
1) Minimum Lot Size:
Width:…………………………………………………………………25 feet
Depth:………………………………………………………………..110 feet
Area:………………………………………………………..2,750 square feet
2) Yard Dimension (minimums):
Abutting Front Street:…………………………………………………...…0*
Abutting Side Street:…………………………………………………...….0*
Abutting Rear Street:……………………………………………...……….0*
Abutting Side Alley:…………………………………………………....4 feet
Abutting Rear Alley:………………………………………………….22 feet
Not Abutting Street or Alley on Side:…………………………..…………0*
Not Abutting Street or Alley on Rear:……………………..….10% lot width;
5 ft. min/ 10 ft. max*
*Where a property has a front, side or rear yard on a block face with residentially zoned
properties, the minimum dimensions for required front, side, or rear yards for the property
shall be the same minimum dimensions as required in the residential zone.
Notwithstanding the foregoing, uses with loading zone requirements do not have to
provide the minimum dimensions required for residential zone rear yards where such
loading zone conflicts with such minimum requirements.
3) Lot Coverage:…………………………………………………………..75%
4) Maximum Height, Main Building:…………………………30 feet maximum
Any portion of structure greater than 20 feet in height must be set back from street
facade a minimum of 10 feet.
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5) Maximum Height, Accessory Building:………………………..….…15 feet
6) Minimum Required Landscape:. . . . 0% of the site, plus one (1) tree for each
five (5) parking stalls distributed throughout any on-grade parking lot area.
If parking area abuts the front or side street(s), a landscape area averaging 3
feet in width shall be required between such parking area and sidewalk(s)
subject to the approval of the Director of Development Services. Such area
shall include a minimum of one tree for each 30 ft. of linear landscape area
plus landscaping and/or wall to a height of 2.5 feet designed to screen the
automobiles from the sidewalk. In no case shall the landscape area be less
than one (1) foot in width.
7) Lot Area Standards: . . . Smaller parcels shall not be merged for development
purposes into a parcel that exceeds 6,000 square feet. Notwithstanding the
foregoing, development may be permitted on parcels that exceed 6,000 square
feet as of the effective date of this Article.
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City of Seal Beach
July 1996
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Main Street Specific Plan 16 Zucker Systems
POLICY 3. Building and Design Provisions
Section 28-1254. Design Provisions.
1) All buildings shall meet the following design criteria:
a) Transparency:
At sidewalk level, buildings shall be primarily transparent. A minimum
of 50% of all first floor facades with street frontage shall consist of
pedestrian entrances, display windows or windows affording views into
retail, offices, gallery or lobby space. The building wall subject to
transparency requirements shall include the portion between three feet and
ten feet above the sidewalk. Blank walls should be avoided and lively
facades encouraged.
b) Glass:
All glass in windows and doorways shall be clear for maximizing visibility
into stores. A minimal amount of neutral tinting of glass to achieve some
sun control is acceptable if the glass appears essentially transparent when
viewed from the outside. Opaque and reflecting glass shall not be used.
c) Window Security Bars:
Window security bars shall only be allowed if installed on the interior of
the window area.
d) Facade Set-Back:
Buildings shall be located on or within 4 feet of the street property line.
Exceptions shall be: a) outdoor restaurant seating areas or b) areas where
abutting buildings are, as of the effective date of this Article, set back
Main Street Specific Plan
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July 1996
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creating in effect continuous store frontages with a wider sidewalk. In the
latter case, the abutting buildings' set back shall be considered the
equivalent of the property line.
e) Facade Continuity:
Building street facades shall be continuous from lot line to lot line. Parking
or loading areas shall not abut Main Street or Ocean Avenue frontages.
f) Facade Width:
Facades of interconnecting buildings should retain their individual
identity. Buildings should not be remodeled or painted to give the
appearance of a single building. Any street side building facade exceeding
50 feet in width shall be segmented into individual designs not exceeding
50 feet in width.
g) Trademark Buildings:
Trademark buildings used to house a franchise operation shall be
prohibited.
2) All new sidewalks or sidewalk replacements shall be constructed utilizing a
textured sidewalk material in a pattern or design representing no less than 50%
of the sidewalk surface.
Section 28-1258. Roof-Mounted Mechanical Equipment.
Roof-mounted mechanical equipment shall be architecturally screened to the
satisfaction of the Director of Development Services.
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City of Seal Beach
July 1996
Amended 2024
Main Street Specific Plan 18 Zucker Systems
POLICY 4. Signs
Section 28-1804. Subsection 3. Permitted Signs.
3. C-0, C-SP, C-1 and C-2 Zones. The following signs are permitted in the C-
0, C-SP, C-1 and C-2 zones:
a) One unlighted sign pertaining to the sale, lease, or rental of the property
on which the sign is displayed.
Parcel Size Sign Size
Lots of record and parcels not exceeding:
10,000 square feet…………………………………………………6 sq. ft.
10,000 square feet to 1 acre……………………………………...25 sq. ft.
More than 1 acre…………………………………………………50 sq. ft.
b) Political signs when they pertain to an election, shall be placed no earlier
than thirty days prior to the election to which they pertain. Signs posted
on a building face or in a window shall not exceed thirty-six inches by
forty-eight inches. Said signs shall be removed within seven days after the
election.
c) Construction signs under the same restrictions as Section 28-1804 (1)(d);
d) For each shopping center, identification signs are permitted as follows:
1) One free-standing or pole identification sign containing the name and
logo of the center. Sign not to exceed fifteen feet in overall height and
not to exceed sixty square feet on one face of a double-faced sign;
Main Street Specific Plan
City of Seal Beach
July 1996
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Main Street Specific Plan 19 Zucker Systems
2) One monument sign not to exceed ten square feet in area and not to
exceed four feet in height at each traffic entrance to the center in no
case shall more than four monument signs be placed in any shopping
center.
e) Each commercial activity may have signing identifying the activity on the
premises as follows:
1) One sign per building face which is visible from streets or parking lot
area. Said sign to be fascia or wall sign.
2) Size of fascia or wall sign shall be one square foot per lineal foot of
building face, not to exceed one hundred square feet per sign.
3) In lieu of one or more fascia or wall signs, one free-standing or pole
sign not to exceed fifteen feet in overall height may be erected on the
parcel or building site on which the building is located. Maximum size
of sign shall not exceed sixty square feet per face of a double faced
sign. Free standing or pole signs are prohibited in the C-SP zone.
4) In case of buildings having less than twenty-five linear feet of frontage
on a street, twenty-five square feet of signing will be permitted.
5) In cases where a business is located on a street with a speed limit of
thirty-five mph or more, a free standing sign or larger fascia or wall
sign will be permitted. The larger may be an additional one-half square
foot per lineal foot of building frontage not to exceed eighty additional
square feet. (See subparagraphs 1, 2, 3, above). The maximum sign
area per sign of one hundred square feet does not apply in this case.
6) No more than two items of information will be permitted per sign. An
example of one item of information would be the name of the business,
specialty item, unique service, etc.
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July 1996
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Main Street Specific Plan 20 Zucker Systems
7) Projecting signs shall be allowed in the C-SP zone subject to the
following conditions:
a. “Projecting sign” means an attached sign (other than a flat-mounted
sign) which projects out from a building or structure and usually has
two message surfaces. If such sign projects over a public right-of-
way, it is subject to Paragraph 7d.
b. Projecting signs shall be allowed that:
•do not exceed four (4) square feet in area per side;
•project no more than three (3) feet from the wall to which
attached;
•are located at least seven (7) feet but not more than twelve (12)
feet above grade; and
•are not illuminated or illuminated by external lighting.
c. Each ground-level occupancy frontage may have one (l) such
projecting sign if such sign is located near its primary entry way.
Such sign shall be in addition to signs allowed in Section 28-1804
3e.
d. No sign shall project into any public right-of-way unless the
Director of Public Works shall have first issued an encroachment
permit therefor.
8)A-Frame signs shall be permitted in the Main Street Specific Plan
under a Main Street Outdoor Use Permit subject to compliance
with all of the following provisions.
a.A-Frame Sign Regulation and Design Requirements:
•Permitted Quantity and Dimensions: Each commercial
business with a first-floor, street facing frontage in the Main
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July 1996
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Main Street Specific Plan 21 Zucker Systems
Street Specific Plan shall be entitled to one A-frame sign. The
sign may have two faces, not exceeding three feet in height or
a width of two feet.
•Illumination and Placement: A-frame signs shall remain
unlighted and should not obscure or visually impair vehicle
or pedestrian traffic. Placement of A-frame signs should
ensure they do not encroach upon the public right-of-way or
publicly owned property without prior approval through an
outdoor use permit, and at no time shall placement or
maintenance of A-frame signs impede emergency access or
violate disability access requirements including but not
limited to, wheelchair access.
•Clear Path of Travel: A-frame signage placement must at all
times allow for and maintain a minimum 8-foot clear path of
travel between the edge of the sign and any sidewalk
obstructions, including light poles, parking meters, news
racks, and fire hydrants.
•Permitted Location: If the business possesses an approved
permit for outdoor use, A-frame signage should be positioned
within the allocated use area with the other permitted items,
and all permitted items including A-frame sign shall fit
completely within the allocated use area. A-frame signage
must be removed from the right-of-way at the conclusion of
each business day to uphold the safety, access, cleanliness and
aesthetics of Main Street.
f) When property falls under an adopted planned sign program the above
provisions do not apply.
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City of Seal Beach
July 1996
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POLICY 4.5: Main Street Outdoor Program:
The Main Street Outdoor Program is designed to revitalize the frontages of
ground-floor businesses and property owners located on Main Street. The
program encourages these establishments to expand their frontage by setting
up outdoor accessory uses such as dining areas, benches, plants, and signage,
creating a welcoming environment for visitors. The program aims to enhance
the overall aesthetic appeal of Main Street, while also providing businesses with
an opportunity to increase their visibility and attract more foot traffic. The
focus on dining outdoors emphasizes the al fresco atmosphere, allowing visitors
to savor their meals amidst natural elements and enjoy a more relaxed setting.
The expansion of outdoor dining/uses through the limited use of sidewalk is an
effective strategy to not only support local businesses, but to activate the public
realm by creating pedestrian-oriented spaces worth walking to and spending
time in.
Goals:
✓Support local business;
✓Promote welcoming places;
✓Be accessible and equitable;
✓Attract new business;
✓Increase visitor satisfaction; and
✓Maintain a unique visual experience.
APPLICABILITY:
The purpose of this policy section is to establish general procedures and
guidelines for the establishment and operation of accessory outdoor uses on
Main Street through an administrative process. Outdoor sidewalk dining
enhances the vibrancy and vitality of the City's commercial areas while
promoting pedestrian activity and economic development.
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City of Seal Beach
July 1996
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Main Street Specific Plan 23 Zucker Systems
The provisions of this section are applicable to eligible property owners and
business owners with businesses that meet the following requirements:
•Located on frontage in the Main Street Specific Plan area,
•Operate a ground floor establishment,
•Comply with State Alcoholic Beverage Control requirements,
•Obtained an encroachment permit and outdoor use permit,
•Comply with development standards and operating requirements of the
Main Street outdoor use permit and encroachment permit.
PERMITTED ITEMS with the Main Street Outdoor Use Permit:
•Tables
•Chairs
•Benches
•Business Signage
•Potted Plants
•Heaters
•Umbrellas
OUTDOOR MERCHANDISE:
Outdoor merchandise of any kind, such as store clothing racks, clothing bins,
and clothing shelves shall not be approved through this program. Merchandise
displayed outside on Main Street shall be prohibited on the public sidewalk
(unless with a Special Events/Temporary Use Permit with event based time
limit on public and private property) and can only be approved to be displayed
outdoors on private property through a Minor Use Permit or Conditional Use
Permit pursuant to the Outdoor Dining Display, and Sales Section of the Zoning
Code.
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City of Seal Beach
July 1996
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ADMINISTRATIVE REVIEW:
Outdoor sidewalk uses shall be permitted on private property and public
sidewalks in front of existing businesses within the Main Street Specific Plan
area of the City of Seal Beach subject to the issuance of an administrative
outdoor use permit and encroachment permit and compliance with the
standards as outlined in and required by this policy.
DEVELOPMENT STANDARDS:
This outline provides a comprehensive overview of the development standards
and requirements for outdoor sidewalk uses permitted through application.
Applicants are advised to refer to the specific regulations and guidelines
outlined below in the standards chart for detailed information and compliance.
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July 1996
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TABLE 3
OUTDOOR USES DEVELOPMENT STANDARDS
Tables Chairs Bench Potted plants Umbrella/
covering Heaters Signage
Permitted Location with applicable permits
Adjacent to store front or adjacent to
edge of roadway as long as the 8 ft
minimum clear pedestrian walkway
is maintained at all times of use.
Adjacent to
store front
wall
Adjacent to store front or adjacent to edge of roadway
as long as the 8 ft minimum clear pedestrian walkway
is maintained at all times of use.
Maximum Size of Items
30 in. deep x 30
in. wide or
15 in. deep x 60
in. wide
N/A 72 in. wide
30 in high
along
roadway, 7 ft
clearance to
canopy
N/A N/A
24 in.
wide x 36
in. tall
(Policy 4
for more
details)
Maximum Number of items per frontage size
30” x
30”
15” x
60”
30” x
30”
15” x
60”
25 ft 2 1 4 3 1 2 No Max No Max 1
37.5 ft 3 2 6 6 1 2 No Max No Max 1
50 ft 4 3 8 9 1 2 No Max No Max 1
Minimum Unobstructed Clear Path for pedestrian travel (including existing obstacles such as street furniture, bicycle
racks, trees, and utilities with permitting items)
8 ft measured
from Table to
clear path
8 ft measured
from Chair to
clear path
8 ft
measured
from
benches to
clear path
8 ft measured
from potted
plants to clear
path and 7 ft
vertical
clearance to
tree canopy
8 ft
measured
from
Umbrella to
clear path
and 7 ft
vertical
clearance
8 ft
measured
from
Heater to
clear path
8 ft
measured
from Sign
to clear
path
2 ft to the edge of the roadway/ the back of curb adjacent to parking
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City of Seal Beach
July 1996
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Main Street Specific Plan 26 Zucker Systems
ADDITIONAL ITEM SPECIFIC REQUIREMENTS:
a) Tables and chairs shall be limited to one row.
b) Tall tables are permitted as long as compliance with ADA and
development standards is maintained and necessary permits obtained. As
used herein, a “tall table” means a table that does not exceed 45 inches in
height. Consult Community Development Department for guidance.
c) All permitted items must be within the City-authorized area of the
business’ storefront without extending into or being within the storefront
of a neighboring business while maintaining eight feet of unobstructed
sidewalk at all times. As used in this Specific Plan, “storefront” means
the portion of the private and/or public area inclusive of sidewalks
directly in front of the adjoining building the business occupies and in
which outdoor uses are approved for temporary placement in accordance
with the requirements of this Plan and permits.
d) If an adjacent business agrees in writing to allow a neighboring
restaurant or coffee shop to use a portion of the storefront along the
adjacent business’ frontage, the restaurant can extend its dining area by
Permitted Hours of use/ operations of permitted items on sidewalk
All items are permitted to be on the sidewalk from 7:00 a.m. to 10:00 p.m.
unless otherwise conditioned by the Community Development Director.
Temporary and must be stored on
private property during non-
operating hours
Permanent placement for
the duration of the active
outdoor use permit
Temporary and must be stored on
private property during non-operating
hours
Additional item specific requirements
(A)(B) (C) (D) (E) (F)(C) (I) (J)(C) (G) (H)(J)(C) (K)(M)(C) (J)
(M)(C) (N)
Main Street Specific Plan
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July 1996
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Main Street Specific Plan 27 Zucker Systems
a maximum of one foot into the adjacent storefront of the neighboring
business. Approval of an extension into the adjacent storefront shall
require the applicant to submit a signed letter from the adjacent business
stating that they agree to allow the restaurant to use one foot of the
adjacent storefront for permitted outdoor dining.
e) Applicants/permittees are responsible for compliance with all alcohol
license requirements, if applicable. Applicants/permittees are advised to
work directly with ABC to understand alcohol service regulations on the
sidewalk.
f) The permitted dining locations and size of the tables are as follows:
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July 1996
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Main Street Specific Plan 28 Zucker Systems
g) Plant materials shall be selected for low water demand and drought
tolerance, adaptability and relationship to the Seal Beach environment,
and the geological and topographical conditions of the site.
h) Plants and planters shall not exceed the permitted height of 30 inches on
parcels located on a corner with proposed planters in the traffic visibility
triangle.
i) Storefronts with a Memorial Bench Program bench shall be permitted up
to one additional bench with the application of a Main Street Outdoor
Use Permit.
j) Bench and Landscaping example:
k) Portable gas (LPH) heating appliances may be used within Main Street
dining areas and must meet the following requirements:
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July 1996
Amended 2024
Main Street Specific Plan 29 Zucker Systems
i. Cannot be located beneath or closer than 10 feet to canopies/tents
per California Fire Code.
ii. Cannot be five feet to similar combustible materials per California
Fire Code.
iii. Propane tanks may be stored on site in an approved enclosed area
of the installation to the satisfaction of the Building and Safety
Department and Orange County Fire Authority.
iv. Only permitted when used with outdoor dining.
l) The placement, color, style and type of umbrella or coverings shall be
consistent with and complement the design and appearance of the
affected building. Only permitted when used for outdoor dining.
m)Umbrellas and heater example:
n) A-frame signs shall maintain a minimum clearance of eight feet in the
walkway.
7 ft
min
8 ft clear
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City of Seal Beach
July 1996
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Main Street Specific Plan 30 Zucker Systems
APPLICATION PROCESS:
Applicants shall review and complete materials required in the Main Street
Outdoor Uses Guide and Application Checklist for the identified location of the
Outdoor items. Applicants shall confirm location eligibility with staff prior to
submitting plans of proposal. This application and permits are not transferable
and do not run with the land, and a new Main Street Outdoor Use Permit and
encroachment permit shall be completed with each new business in the location
if a transferred or new outdoor use wishes to be maintained at that location.
APPLICATION INFORMATION:
The applicant shall submit the application and pay processing fees in
accordance with the provisions set forth in the City Master Fees. The applicant
shall submit the following related materials for compliance review of applicable
requirements set forth in this specific plan.
1. Completed Main Street Outdoor Uses Application/Checklist
2. Provide an outdoor layout plan with design details and site photos
3. Proof of Liability Insurance and Liability Release Agreement
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Main Street Specific Plan 31 Zucker Systems
4. Pay the fees for the Main Street Outdoor Use Permit
5. Confirmation of the applications for a concurrent Encroachment
Permit from Public Works
6. Written approval from the Property and Business owner(s)
7. Written approval from adjacent Property and Business owner(s) if
outdoor use will extend into the adjacent business’ storefront.
APPLICATION REVIEW:
Applications shall be reviewed by applicable City Departments/Divisions
including but not limited to Planning, Building, Fire, Police and Public Works.
During the review period a Community Development Inspector shall complete
a site visit to confirm the dimensions and outdoor layout plan provided is
accurate and can accommodate the requested outdoor uses. The Applicant shall
provide any additional information or documentation and respond to City
comments as requested.
APPROVING AUTHORITY:
All Main Street outdoor use permits are reviewed and approved by the
Community Development Director or designee. The director shall issue the
Main Street outdoor use permit only if all required requirements and standards
of the Main Street Specific Plan and Outdoor Use Guidelines are met.
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City of Seal Beach
July 1996
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Main Street Specific Plan 32 Zucker Systems
INSTALLATIONS AND INSPECTIONS:
Applicants shall be notified by the Community Development Department once
an application is approved with code compliant design layout and all fees have
been paid.
INSTALLATION:
Applicant/permittee shall post the City provided window sticker with business
name and expiration date in store window.
INSPECTIONS:
The Applicant/permittee shall request an inspection for compliance after the
installation has been completed. The City will inspect for the outdoor uses for
compliance with the permit approvals based on the following standards:
✓Site plan and development standards,
✓Operating standards,
✓Active/up-to-date permit
✓Maintenance Standards
Applicant/permittees shall be notified by the Community Development
Department once an inspection has been scheduled.
TIME LIMITATIONS:
The Main Street outdoor use permit is valid for one fiscal year (July 1st through
June 30th) and shall automatically expire on June 30th of every year. Permittees
wishing to renew an expiring permit shall submit a renewal form with
appropriate fees prior to June 30th. Outdoor uses shall cease after June 30th
pending the Department’s review of and determination on a renewal
application form.
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City of Seal Beach
July 1996
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Main Street Specific Plan 33 Zucker Systems
MAINTENANCE:
All Main Street outdoor areas must be maintained by the permittee in clean
and safe conditions at all times, including sweeping and cleaning of outdoor use
locations, and appropriate provisions for trash disposal. At all times each
permittee shall also ensure the preservation of pedestrian access and disability
access along the public sidewalk. Owners and permittees of approved outdoor
use areas are responsible for upholding these standards at all times. Owners
and permittees of approved outdoor uses shall meet the requirements of this
Policy and the Encroachment permit at all times (Refer to the Public Works
Requirements for additional information).
CHANGE OF OWNERSHIP:
Approved and valid permits may not be transferred to new business owners
even at the same address. Any business that has a change in ownership shall be
required to submit and obtain City approval of a new application reflecting new
ownership and compliance with all requirements of this Policy, and issuance of
a new outdoor use permit and encroachment permit.
REVOCATION:
The City retains the right to revoke or suspend an outdoor use permit and/or
encroachment permit upon written notice to the permittee for any cause,
regardless of conformance with these provisions. Situations that may merit
suspension or revocation include, but are not limited to:
1. Emergencies, necessary construction, or area maintenance at the
discretion of the Community Development Director;
2. Suspension, revocation, or cancellation of any necessary health
permit(s) or failure to comply with Alcoholic Beverage Control Board
(ABC) permits/regulations;
3. Failure to comply with the outdoor layout plan;
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City of Seal Beach
July 1996
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Main Street Specific Plan 34 Zucker Systems
4. Failure to comply with the operating requirements of the approval;
5. Failure to comply with any relevant Conditional Use Permit (CUP);
6. Failure to comply with disability access requirements of the
Americans with Disabilities Act;
7. Failure to address administrative citations, Zoning Code violations, or
other Municipal Code violations, or repeated citations/infractions;
8. Failure to maintain a valid business license.
NOTICE OF VIOLATION:
Upon identification of a violation of permit conditions, regulations, or
applicable laws related to outdoor uses, the Community Development
Department shall issue a written Notice of Violation to the permittee.
Upon receipt of the Notice of Violation, the permittee must remedy the violation
and demonstrate compliance with permit conditions. A Community
Development Inspector will then return for an inspection to confirm
compliance. If the permittee is unable to comply with the permit, the permit
shall immediately be revoked for the reasons listed above.
INSTALLATION REMOVAL:
The operation shall cease and the permittee shall restore the permit area to the
condition existing prior to the placement of the outdoor facilities within 24
hours of receipt of written notice of revocation or suspension, regardless of any
appeal of the action, or to a condition acceptable by the Community
Development Director.
If pursuant to the above requirements, permit areas that are not restored by
the permittee within the time specified by the City, the City may remove any
and all facilities installed within the right-of-way. Reimbursement of City costs
for said removal and storage shall be the responsibility of the permittee. The
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City of Seal Beach
July 1996
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Main Street Specific Plan 35 Zucker Systems
City may dispose of any such facilities following notice to permittees in
accordance with applicable law.
REQUIRED OPERATION STANDARDS:
Main Street outdoor use permittees are required to comply with the following
operating standards:
A. Permittees shall comply with all State Alcoholic Beverage Control Board
(ABC) requirements when the conditional use permit includes the sale of
alcohol.
B. Permittees shall not begin hours of sidewalk operation prior to 7 a.m. nor
extend later than 10 p.m.
C. Permittees shall maintain eight feet of unobstructed clear space of travel
for pedestrians, free and clear of any existing obstacles (street furniture,
utilities, etc.) to the satisfaction of the Community Development Director.
Such clear pathway shall link continuously with pathways on each side of
the property and shall allow a minimum clear space of eight feet at all
times. These minimum widths are to ensure compliance with ADA
standards and reduce liability concerns due to shifting tables, wait staff or
other obstructions which can reduce the effective width.
D. Permittees shall ensure where umbrellas and awnings are used, a vertical
clearance of at least seven feet above the sidewalk must be maintained and
eight feet clear path of travel.
E. Permittees shall not allow for items within the Main Street outdoor use
areas, except for approved greenery and benches, to be left when not in
use or overnight unless property is secured to the satisfaction of the
Community Development Director.
F. Permittees shall confine approved outdoor uses to the area shown on the
approved outdoor layout plan and shall not interfere with building egress.
G. Permittees shall maintain outdoor use areas in a clean and safe condition
at all times with appropriate provisions for trash disposal.
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July 1996
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Main Street Specific Plan 36 Zucker Systems
H. Permittees and associated business operations shall meet all required
County Health Department standards, obtain any necessary permits and
service to the areas shall be conducted in a safe manner at all times.
I. The permit issued shall not be transferable in any manner, unless
approved by the City with the submittal of a new application reflecting
new ownership.
J. Operations permitted under the Main Street outdoor use permit shall in
no way interfere with access to City utilities.
K. Permittees shall prohibit smoking in the outdoor use areas.
L. Issuance of the Main Street outdoor use permit shall not permit or allow
the placement of any permanent or temporary structure or improvement
on public or private property in violation of any state or federal
accessibility law, including the Americans with Disability Act, or prohibit
or suspend immediate code enforcement action deemed necessary by the
Building Official, City Engineer, or any other authorized enforcement
official of the City, to remedy or abate: a dangerous condition or activity;
any activity presenting imminent threat or harm to the health, safety or
welfare of the community; any violation of state or federal accessibility
law; or any unauthorized activity on private property or in the public
right-of-way. Permittees are responsible for ensuring accessibility and
ADA compliance of their Main Street outdoor use areas at all times.
M.Permittees shall have all propane cylinders used for outdoor gas heaters
stored and secured pursuant to regulations in the California Code of
Regulations and California Fire Code. Cylinders placed in the public
right-of-way shall be safely secured and locked with the heater enclosure
or stored in vented safety cages or cabinets in a flat area that does not
collect water and is adequately shielded from pedestrian and motor
vehicle traffic.
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City of Seal Beach
July 1996
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Main Street Specific Plan 37 Zucker Systems
5. PARKING AND TRAFFIC
A. PARKING
In 1994 there were 751 parking spaces as shown in Table 4 generally available for
commercial uses within the Specific Plan area.
In addition to this, there are 425 spaces in the beach lots and 58 spaces in the City
employee lot on 8th Street.
Parking demand in 1994 was calculated in two ways. Based on the zoning, the
223,600 square feet of commercial activities would theoretically require 1,258
spaces.
The second method was to look at actual parking demand.
Main Street Specific Plan
City of Seal Beach
July 1996
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Parking counts were completed each hour during the mid-day (noon to 2:00 PM) and
evening (6:00 PM to 9:00 PM) peak periods on April 9, 1994 (Saturday, non-peak
season) and on July 2, 1994 (Saturday, peak season, July 4th weekend). These counts
are shown in the Appendix of the Background Report.
The parking counts indicate that the majority of the on-street parking spaces in the
study area, as well as the parking in the public parking lots adjacent to Main Street
are occupied during peak periods. However, parking in the beach lot is generally
under-utilized, with 48 percent of the parking spaces vacant at 1:00 PM on Saturday,
July 2, 1994, which was when the peak parking demand for the beach lot was
observed. After 6:00 p.m., 77% of the parking spaces in the beach lots were vacant.
Additionally, parking spaces in the alleys are generally under-utilized.
There are 36 short-term (24 Minute) parking spaces designated at key resident
serving commercial locations on Main Street, with a two hour time limit for the
remainder of the parking on Main Street. On the surrounding residential streets there
is typically a one hour time limit on one side of the street, with no parking restrictions
on the other side. However, there is a one hour parking time limit on both sides of
Tenth Street and on both sides of Eighth Street south of Electric Avenue.
In light of their proximity to and support of area businesses, the curb spaces on Main
Street, and in the 800 and 900 blocks along Ocean Avenue, Central Avenue, and
Electric Avenue are primarily commercial parking spaces. The remainder of the on-
street parking in the residential areas primarily supports the adjacent residential uses.
Annual parking passes for the beach lot are sold to Seal Beach Residents and non-
residents. Further, Unocal (off-shore oil) uses the beach lot and pays via a key card.
A sports fishing boat operating off the end of the pier also has a key card to use this
lot. Automobile parking fees for the beach lot vary between summer and winter, and
weekends and holidays.
The City’s residential parking permit program allows residents to purchase a permit
that allows their vehicle to park more than one hour on residential streets with one
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hour parking restrictions. The permit also allows them to park in the municipal
parking lots on Main Street and on Eighth Street at Central Avenue between the
hours of 12:00 AM and 6:00 AM, only. The City also issues guest parking permits
with the same parking regulations.
Merchants and employees in the Old Town area can buy an annual parking permit
that allows them to park in the City parking lots. The permit is to be permanently
affixed to the outside of the vehicle on the left rear window or bumper. The merchant
permits are not resalable or transferable.
In 1984, the City began an “interim in-lieu parking program” in connection with a
variety of zoning variances along Main Street. Participants were required to pay
$100/year/space on an interim basis pending development of a more detailed
program. According to the approval conditions these in-lieu fees may be increased.
In 1994 this fund was generating $19,600 a year in funds to the City.
More recent permits have been negotiated as part of development agreements. These
have been fixed fees based on $3,500/parking space, generally paid over several
years. Additionally, the California Coastal Commission has required four businesses
to lease 72 other non-commercial spaces for commercial use.
Based on the parking analysis, the 1994 parking demand and supply is considered in
relative balance. However, there is a need to provide additional conveniently located
parking to serve Main Street and to provide a base for future parking need. Most
significantly, the parking analysis indicates that the primary parking problem in the
Specific Plan area is the location and management of the existing parking supply and
not an overall shortage of parking.
However, as existing buildings are expanded, or new uses are established which
would require more parking than existing uses, there will be an increased demand
for parking. Since the existing commercial lots on Main Street have inadequate room
for new parking, the only likely solution to parking needs is a City in-lieu parking
program.
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B. Traffic
Roadways in the Specific Plan are typically two-way with a single travel lane plus a
parking lane in each direction. Main Street has diagonal parking along most of its
length, except for some parallel spaces in the 300 block, which provides enough
width for two lanes for traffic traveling northeast on the approach to the traffic signal
at Pacific Coast Highway. A traffic signal also exists at the southeast end of Main
Street at Ocean Avenue, and four-way stops are posted at the intersections with
Central and Electric Avenues. Mid-block pedestrian crosswalks have been striped in
all three Main Street blocks.
Electric Avenue has a broad, linear landscaped median, resulting in two one-way
roadbeds. The two roadways merge at Main Street to form a single intersection. Each
roadbed provides a single travel lane and a bike lane, plus parking at the right curb.
The majority of the traffic entering the study area travels southwest on Main Street
from Pacific Coast Highway. Generally, if a motorist cannot find a parking space
near their desired destination as they travel along Main Street, they will turn at Ocean
Avenue and travel up Eight or Tenth Street and then re-circulate down Main Street.
September, 1993 traffic counts indicated average daily traffic in the vicinity of Main
Street as 9317 on Main Street, Ocean 4070, Central 3018, and Electric 3660. Using
these counts, all streets would be operating at a high Level of Service with the
exception of Main Street. However, Main Street is considered a combination parking
and traffic street and a high level of traffic service is not anticipated.
Traffic flow and traffic control is not perceived to be a problem in the Specific Plan
area.
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POLICY 5. Parking Standards
Section 28-1255. Parking and Loading Space Requirements.
1) Off-street parking spaces shall be a minimum of nine feet by twenty feet. A
minimum driver aisle width shall be provided as follows:
90 degree Right Angle Parking………………………………….……. 24 feet
60 degree Angle One-Way Traffic…………………………………… 18 feet
45 degree Angle One-Way Traffic……………………………………. 12 feet
0 degree Parallel One-Way Traffic……………………………………..12 feet
2) All parking areas shall be paved with portland cement concrete or asphaltic
concrete.
3) Parking requirements shall be satisfied in one or more of the following ways:
a) By providing required off-street parking spaces on the property on which the
building is located;
b) By providing required off-street parking spaces within three hundred feet of
such building.
c) Through participation in the City’s in-lieu parking program as established
in Section 28-1257.
4) No use shall be established unless there is full compliance with the off-street parking
requirements set forth herein or the in-lieu parking program set forth in Section
28-1257.
5) No onsite loading area is required.
Section 28-1256. Number of Off-Street Parking & Spaces Required.
1) Beauty salon; Nail Shop…………………………………2 spaces per each operator.
2) Business Offices……………………….1 space for every 300 sq. ft. gross florr area.
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3) Coffee houses; Dessert shops……………………………1 space for each 500 sq. ft.
Gross floor area or part thereof.
Exception: Outdoor seating/uses,
accessory to restaurant/coffee house/
dessert shop shall not require
parking spaces (see subparagraph 15)
4) Financial Institutions
Professional Offices…………………………..………1 space for every 250 sq. ft.
Gross floor area.
5) Furniture Stores………………………..1 space for every 1000 sq. ft. gross floor area
6) Grocery Stores………………………………………..1 space for each 1000 sq. ft.
Gross floor area or part thereof.
7) Hardware Stores………………………………………1 space for each 1000 sq. ft.
Gross floor area or part thereof.
8) Horticultural Nursery…………………………………1 space for every 2500 sq. ft.
of lot area.
9) Medical Offices………………………1 space for every 200 sq. ft. gross floor area.
10) Movie Theaters…………………………………………1 space for every 6 seats.
11) Offices Nor Providing Customer
Service on the Premises…………………………..1 space for every four employees
or 1 space for every 500 sq. ft. gross floor area
(whichever is greater).
12) Pharmacy; Drug stores………………………………..1 space for each 1000 sq. ft.
gross floor area or part thereof.
13) Restaurants………………..…………1 space for every 100 sq. ft. gross floor area.
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Exception: Outdoor seating/uses,
accessory to restaurant/coffee house/
dessert shop shall not require
parking spaces (see subparagraph 15)
14) Retail Stores…………………………………………..1 space for each 500 sq. ft.
gross floor area or part thereof.
15) Outdoor seating/ uses permit………………………………..0 spaces (Outdoor
seating/ uses shall not result in a reduction of parking provided for the related
primary restaurants/ coffee house/ dessert shop).
Section 28-1257. In-Lieu Parking Program.
A. Participation in Program Required: In the event a use cannot provide the off-street
parking spaces required by Section 28-1255 and Section 28-1256, such use shall
not be established unless there is full compliance with all the requirements of the
Main Street In-Lieu Parking Program as established in this Section. All or part of
off-street parking space requirements may be satisfied by compliance with this
Section.
B. In Lieu Parking Fee: The In-Lieu Parking Fee and the formula for calculating said
fee shall be established by Resolution of the City Council.
C. Existing Uses – Parking Deficiencies: Any use which pre-exists the effective date
of this ordinance and which is presently operating under the authority of a
discretionary land use entitlement and/or development agreement shall remain
subject to the terms and conditions of said approval and agreement. As a
condition to those entitlements, the applicants agreed to participate in any in-lieu
program established by the City Council. This Article constitutes the in-lieu
parking program referenced in the resolutions conferring those entitlements and
in those certain development agreements.
D. Processing In-Lieu Parking Program Applications:
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1. Eligible persons or businesses desiring to participate in the In-Lieu Parking
Program established herein shall submit a written application for participation
to the Director of Development Services on a form prescribed by the City. If
the Director determines that such application meets the requirements set forth
in Sections 28-1255, et seq. of this Code, the Director shall, within thirty (30)
days of the completion of such application, calculate the applicable in-lieu fee
and grant permission to participate in the program, if the Director makes the
following findings:
(a) Participation in the In-Lieu Parking Program will not create any significant
adverse traffic safety impacts, pedestrian- vehicle conflicts, or parking
impacts.
(b)Participation in the In-Lieu Parking Program will not be detrimental to the
public health, safety, and welfare.
2. The Director may deny the request to participate in the program, if the
Director is unable to make the findings set forth in subsection 1.
3. The Director may restrict the applicant's participation in the program, if the
Director determines that such restriction is necessary to make the findings set
forth in subsection 1.
4. The Director’s decision shall be in writing, and shall be served upon the
applicant by certified mail, return receipt requested.
E. Appeals: The decision of the Director may be appealed to the Planning
Commission by any aggrieved person, in the time and manner provided in Article
29.4 of Chapter 28 of the code.
F. Payments and Deposits:
1. Payments of In-Lieu Parking Program Fees shall be made pursuant to the
schedule adopted by Resolution of the City Council. In no event shall a
certificate of occupancy be issued for any participating use in the Main Street
Specific Plan Zone prior to the receipt by the City of the first installment or,
if applicable, full payment of the In Lieu Parking Fee.
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2. Funds collected from the In-Lieu Parking Program shall be deposited in a
segregated City In-Lieu Parking Program fund. Such fund shall be used
exclusively for the purpose of promoting, managing, operating, increasing and
maintaining the availability of parking spaces in the immediate vicinity of
Main Street.
G. Transferability: In-Lieu Parking space payments paid for pursuant to the
provisions of this ordinance shall be credited only to the use for which
participation was granted, and shall not be assigned or otherwise transferred for
use on any other property.
H. Expansion, Intensification or Change in Use to a Use which Requires Additional
Off-Street Parking Spaces: Should the use of any property within the Main Street
Specific Plan Zoning be proposed for expansion, enlargement, structural alterations,
intensification or conversion to a new use which requires additional off-street
parking spaces, the owner, lessee or sublessee of the property shall provide the
required additional off-street parking, either on-site, within 300 feet of the
property on which the building is located, or through payment of in-lieu parking
program fees, or additional in-lieu parking program fees, as required by this
Article.
I. Acceptance of Terms and Provisions: An applicant’s participation in the program
shall not become effective, and a certificate of occupancy shall not be issued,
unless and until the participant first executes and submits for recording on the
title to the property a covenant accepting the terms of the approval, in a form to
be provided by the City Attorney. Said covenant shall be recorded in the office
of the Orange County Recorder and shall also be maintained in the office of the
City Clerk.
J. Violators Punishable by Fine and Imprisonment: Any person, firm or corporation
violating any of the provisions of this article is guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not more than five hundred
dollars or by imprisonment in the county jail for a period of not more than six
months, or both such fine and imprisonment.
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Section 28-2408. Nonconforming Nonresidential Buildings and Uses May Not Be
Enlarged or Structurally Altered.
A. Where a building or buildings located within the Main Street Specific Plan area
are nonconforming only by reason of an inadequate number of parking spaces,
the provisions of this chapter prohibiting enlargements, structural alteration or
expansion shall not apply, provided:
1. that any enlargements, structural alterations, or expansion shall not further
reduce the existing number of parking spaces, and
2. new parking spaces shall be supplied to meet the parking requirements for the
difference in building area between the existing building and new building,
and
3. new parking spaces shall be supplied to meet the difference in parking
requirements for the existing building between the prior use and the new use.
Where property owners cannot meet off-street parking requirements, permits
may be granted if said owners instead pay an in-lieu parking fee pursuant to the
provisions of Section 28-1257.
POLICY 6. Parking Management Plan
Although parking studies can establish theoretical demand, the actual demand for
parking and behavior habits of parkers cannot be totally determined and changes
over time. Therefore, the City shall establish a parking management plan. Such a
plan should include, but not be limited to:
a) Conducting and analyzing an annual parking count for the Specific Plan area,
similar to the one prepared for the Specific Plan;
b) First Phase – Management Improvements:
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✓Limit the 24 minute parking restrictions to the 7:00 a.m. to 6:00 p.m. period
except for spaces serving resident oriented businesses that stay open past
6:00 p.m.
✓Change the merchants' parking permit program to only allow parking in
the beach lots.
✓Increase enforcement of the parking restrictions for all parkers to
emphasize a consistent and fair enforcement program.
✓Work with the merchants to conduct a program so that employees do not
park in street curb spaces.
✓Allow public parking in the 8th Street lot after 5:00 p.m. and on Saturdays,
Sundays and holidays and post appropriate signs to this effect.
✓Analyze City employee parking needs at the 8th Street lot and open any
non-needed spaces to the public.
✓Change the beach lots from a flat fee to an hourly fee, offer a merchant
validation program, and explore use of the lots for a merchant valet
program.
✓Improve signage to the beach lots.
✓Formalize the in-lieu parking program in conformance to AB 1600
requirements.
c) Second Phase – Management Improvements:
✓Adjust beach parking lot rates depending upon the result of parking
surveys. If usage remains low, lower the rates. If usage reaches an average
occupancy of 85%, raise the rates.
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✓Conduct a license plate analysis to determine the number of curb-side
parkers who move their cars every two hours or rub off the chalk. If this is
a problem, adopt a computerized system that records license plate numbers
for enforcement.
✓Improve pedestrian amenities, access and directional signs to the beach
lots.
✓Consider parking meters in the public parking lots located in the 100 and
300 blocks of Main Street.
d) Third Phase – Management Improvements:
✓Construct a two level depressed parking structure on the 8th Street lot
adjacent to the Fire Station.
✓Look for opportunities to purchase land between 8th and 10th Streets
between Ocean Avenue and Electric Avenue for future surface parking.
The target cost should be less than $15,000 / space.
✓Consider parking meters for curbside spaces on Main Street.
6. PUBLIC FACILITIES
A. Street Trees
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A key feature of pedestrian oriented streets and sidewalks are street trees. The three
blocks of Main Street have 50 street trees which provide an appropriate atmosphere
for much of the street. However, there are important gaps on both sides of the street.
In addition to trees missing in front of commercial establishments, there is a lack of
continuity of street trees on both sides of Main Street as it crosses Electric Avenue.
The trees being used on Main Street were not planted with root barriers and the type
of tree being used has invasive roots that creates problems with the sidewalks.
POLICY 7. Tree Types
The City should hire a landscape architect to recommend a tree type and planting
methods for Main Street. The trees selected should grow to have substantial
canopies, equal to or greater than the existing mature trees on Main Street.
POLICY 8. Missing Trees
The City and/or private interest should plant an additional 18 trees as shown in
Figure 2.
POLICY 9. Tree Replacement
When existing trees need to be replaced due to damage or sidewalk problems, trees
should be replaced consistent with the findings of Policy 7 and 12.
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B.
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Utility Lines and Poles
Most of the electric utilities in the area are either underground or located in alleys.
There are two areas where overhead utilities are particularly noticeable. One is a
series of poles and lines leading off the 100 block of Main Street, another is along
Electric Avenue.
POLICY 10. Undergrounding of Utilities
The City should adopt a long term plan to underground utilities in the Specific Plan
area. Priorities should be:
1st – Poles and lines in the 100 block.
2nd – Poles and lines along Electric Avenue
3rd – Other poles and lines in the area
C. Benches
In 1994 there was an eclectic mix of bench designs on Main Street; some located
next to buildings, some next to the curb. The eclectic mix of bench designs adds to
the small town flavor of Main Street. The City issues permits for benches but the
merchants buy their own benches and the City approves the bench design.
POLICY 11. Benches
Merchants shall be encouraged to add memorial benches to Main Street, through
the memorial bench program, since they add to the pedestrian scale and
atmosphere. All bench designs shall be approved by the City through a memorial
bench application and the appropriate encroachment permit shall be obtained from
the City. Non-memorial benches can also be added through the Outdoor Uses
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Program (See Policy 4.5 for additional information and requirements).
Memorial benches shall maintain disability access, pedestrian access, and
access to and from the public street, at all times.
D. Street Lighting
Street lighting on Main Street is supplied by Southern California Edison. The
lighting level as of 1994 is considered adequate. Decorative lights are placed in the
trees during the Christmas holidays.
POLICY 12. Street Lighting
Year round lights in the Main Street trees should be undertaken as a joint project of
the Main Street merchants and the City.
E. Bicycle Facilities
In 1995 there was an eclectic mix of bicycle racks on Main Street; some located next
to buildings, some next to the curb. The eclectic mix of bicycle racks adds to the
small town flavor of Main Street.
POLICY 13. Bicycle Facilities
Merchants shall be encouraged to add additional bicycle racks along Main Street.
All bicycle rack designs and locations shall be approved by the City, and the
appropriate encroachment permit shall be obtained from the City.
F. Landscaping
Parking lots should be landscaped and also be separated from the sidewalks by
landscaping. In 1994, the City's Electric Avenue parking lots met this standard, but
the lot in the l 00 block of Main Street and the 8th Street lot did not.
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POLICY 14. Parking Lot Landscaping
The City should landscape the lot in the 100 block of Main Street and 8th Street
parking lots.
G. Signs on Public Sidewalks
Some businesses along Main Street currently have sidewalk signs for business
identification and advertising purposes. Properly controlled and designed, these
types of signs can be beneficial to both the local business community, visitors to
Main Street and the City. However, the current City Code prohibits such signs.
In 2010, the City amended the Zoning Code to allow for sidewalk signs that
adhere to strict perimeters, and pursuant to this update, the Main Street
Specific Plan has been amended to allow sidewalk signs of different designs to
be added to businesses on Main Street subject to conditions intended to provide
for and preserve safety, pedestrian access, disability access, sanitation and
aesthetics. The City issues permits for sidewalk signs in the public right- of way
but merchants buy their own signs and the City approves the sign design and
location.
POLICY 15. Signs on Public Sidewalks
The City should amend the City Code to allow selected sidewalk signs within
the Main Street Specific Plan area. Merchants shall be encouraged to add
signage to Main Street since they add to the pedestrian engagement. All such
signs shall be approved by the City and the appropriate encroachment and outdoor
use permits shall be obtained from the City as a condition of installation of any
sign in the public right-of-way.
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H. Other Public Facilities
Since no extensive new construction is contemplated by this Specific Plan, the City
will continue to utilize existing services for sewage, water, drainage, solid waste
disposal and energy.
I. Outdoor Uses on Public Sidewalks.
Outdoor uses shall be permitted in Public Sidewalks with the required Outdoor
Uses Permit and encroachment permit. See Policy 4.5 for additional
information and requirements.
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7. SCREENING OF PRIVATE PARKING LOTS
When creating a pedestrian atmosphere, it is generally useful to screen parking lots
from pedestrians. Screening can be accomplished by a low wall or hedge or a
landscape strip and trees between the pedestrian way and the parking area. Where
space is particularly tight, bollards can also be used to separate parking areas from
pedestrian sidewalk areas. Eight parking lots on Main Street, as shown in Figure 3,
lack the appropriate screening feature.
POLICY 16. Screening of Parking Lots
The City should develop a program to encourage owners of parking lots located on
Main Street to screen their parking lots from the pedestrian ways. The City should
also explore the possibility for design assistance grants or low cost loans as an
incentive for owners to improve their lots.
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8. DOWNTOWN MANAGEMENT
The goal of the Main Street Specific Plan is to set clear standards for Main Street.
Under these standards, merchants and property owners can proceed with
improvements in a timely fashion and residents can feel comfortable about Main
Street development. Nevertheless, it is unrealistic to assume that standards, once set,
can remain the same for all time. Since circumstances can change, it is important to
monitor Main Street’s evolution over time.
The adoption and implementation of the Main Street Specific Plan can provide a
major impetus for downtown revitalization. However, most communities involved
with downtown revitalization have found that focusing on land use, circulation and
design can be most effective when coupled with an additional emphasis on
organization, promotion and economic restructuring. Such activities are strongly
encouraged by the City to be undertaken by the local business community on a
voluntary basis.
POLICY 17. Business Improvement Activities
The local business community may wish to develop on a voluntary basis additional
organizational, promotional, economic restructuring, and improvement programs.
Such voluntary activities of the local business community could include:
Organization: Building consensus for action. Seeking cooperation from
all parties. Providing long-term management and
planning.
Promotion: Advertising downtown as a place to shop, invest and live.
Economic Recruiting businesses or developers to fulfill specific
Restructuring: downtown needs and assisting existing businesses through
business seminars and the like.
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Improvements: Trees, lighting, sidewalks, undergrounding utilities, and
signs.
POLICY 18. Bi-Annual Main Street Review
Every two years the City should prepare a Main Street review. Said review should
include an analysis of:
a. Sales tax trends
b. Store vacancies
c. Store turnovers
d. Parking as per Policy 6
e. Report from the Main Street business community
Based on an analysis of this report, the City should determine what, if any, additional
actions are appropriate to carry out the intent of the Specific Plan. This review should
be presented before the City Council at a noticed hearing.
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9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL
PLAN
The Main Street Specific Plan carries out the objectives of the Seal Beach General
Plan. It specifically carries out the following:
a. Goal 3. Parks, Recreation and Community Beautification; Land Use
Element, Page 4
“A master plan should be developed for street tree planting and other
community beautification programs with emphasis on major arterials
entering the City.”
This item is carried out through the Specific Plan's street tree program as described
in Policies 7, 8 and 9.
b. Goal 6. Commercial; Land Use Element, Page 5 (as amended)
“A precise specific plan should be developed for the coastal business
district.”
This Specific Plan includes the coastal business district and thus implements this
goal.
c. Goal 9. Circulation; Land Use Element, Page 6
“Efforts should be made to improve traffic circulation in the Coastal
section of the City.”
The Specific Plan land use and parking proposals should assist traffic circulation.
More specifically, the land use policies coupled with the parking and traffic policies
set appropriate parking standards for various uses. Where parking standards cannot
be met, they are mitigated through a fee program.
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d. Commercial Land Use, Page 22
“The Main Street commercial serves both local residents and, to some
extent, beach going people from other areas. The diversity in market
attraction of the various commercial areas Indicates that each area should
be treated differently than any of the others due to the particular clientele
of each”
This item is carried out in the Specific Plan by recognizing Main Street as a unique
area. Specific unique land use tables are included in Policy 1, special design features
are included in Policies 2, 3 and 4, and new commercial parking and loading
requirements in Policies 5 and 6.
e. 3.2 Proposed Service Commercial Uses
“The proposed Land Use Element would continue the Seal Beach
Shopping Center and the Leisure World Shopping Center as functioning
service commercial uses. Main Street commercial is also proposed to be
designated a service commercial use.
As pointed out earlier the proposed new land use designation would be a
name change only, because the present existing uses are of a service
commercial nature.
Main Street commercial, with the attraction of the beach and the proximity
of relatively high density residential, has the potential to become a unique
shopping area. With strong attraction for beach users, this commercial area
can and should turn to a more pedestrian-oriented environment through the
design application of textured walkways, street furniture, sign graphics,
landscaping, lighting, and other design features.”
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The Specific Plan is consistent with this language. The Specific Plan establishes
special design standards for the Main Street area in Policies 2, 3 and 4 and Policies
7 through 16.
f. 3.1, 3.1c, 3.1e Civic Center Functions, Pacific Electric Right-of-Way, and
Seal Beach Pier, Pages 32 and 33
“3.1 Civic Center Functions
Civic Center functions are divided into four main categories:
Administration, Police, Fire and Public Works. It is envisioned that the
Administration offices will remain in the Coastal District at Eighth Street
and Central Avenue, In the City Administration Building which was
constructed in 1969. Fire Department services will continue to be
administered from Fire Station No. 3 located on Beverly Manor Road and
Fire Station No. 1 will continue to serve the portion of the City nearest to
the beach.”
“3.1c Pacific Electric Right-of-Way
The Pacific Electric Right-of-Way has been developed as a park allowing
for uses such as open space, recreation, public facilities (e.g., library,
senior citizens' center, Red Car Museum, etc.). Development was through
the Specific Plan Process.”
“3.1e Seal Beach Pier
The Seal Beach Pier, one of the very few piers in use today along the
California coastline, should be maintained as its present use to allow for
both fishing and pleasure walking to enjoy ocean amenities. Any needed
repairs for the pier should be carried out so that the present me can be
continued and enhanced.”
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The retention of the Administrative Offices and a Fire Station on Eighth Street along
with the Electric Avenue Park and the Pier are all key ingredients for the Main Street
area. The Administrative Offices, Fire Station, Pier and portions of Green Belt Park
are included within the Specific Plan Boundary (see Figure 1).
g. Scenic Highway Element
Ocean Avenue is shown as a local Scenic Highway and Pacific Coast Highway is
shown as a Proposed Scenic Highway in the Scenic Highway Element. The Main
Street Specific Plan design guidelines in Policies 2, 3 and 4 are consistent with these
designations and implement scenic features.
h. 3.1d Beach Parking; Land Use Element
“Additional Coastal Area land should not be committed to beach visitor
parking; instead the concept of periphery parking in the outlying areas with
a transport system should be explored. The advantage of periphery parking
is that beach visitors from inland Orange County could be Intercepted and
then transported to the beach via a tram/ minibus system, thus alleviating
traffic congestion directly adjacent to the beach.”
The Main Street Specific Plan is consistent with this language. No new beach
parking is proposed within the Specific Plan area. Better use of existing parking is
proposed in Policy 6 through a parking management plan.
i. 3.1e Seal Beach Pier; Land Use Element, Page 33
“The Seal Beach Pier, one of the very few piers m use today along the
California coastline, should be maintained as its present use to allow for
both fishing and pleasure walking to enjoy ocean amenities. Any needed
repairs for the pier should be carried out so that the present use can be
continued and enhanced.”
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City of Seal Beach
July 1996
Amended 2024
Main Street Specific Plan 63 Zucker Systems
The Main Street Specific Plan is consistent with the importance of maintaining the
Seal Beach Pier. The plan does not specifically make any changes to the Pier.
j. 1.3 Central Business Commercial Area Along Main Street; Land Use
Element, Page 8
The language in this section concerning Main Street is the same as the Main Street
Specific Plan Vision Statement, see Page 1 of the Specific Plan.
Seal Beach Main Street Outdoor Uses Guide 1
City of Seal Beach
Main Street
Outdoor Uses Guide
DRAFT 03/29/2024
Seal Beach Main Street Outdoor Uses Guide 2
Seal Beach Main Street Outdoor Uses Guide
CONTENTS
Program Overview.…………………………………………..………………………………………………………………….3
Program Focus.…………………………………………………………………………………………………………………….4
Eligibility and Permitting Process..……………………………………..……………………………………………..…4
A. Eligibility.………………………………………………………………………………………………………………………..4
B. Permitted Location………………………………………………………………………….………………………...…..5
C. Permitted Fixtures.………………………………...……………………………………………………………………...6
D. Frontage………………………………………………………………………………………………………………………...6
E. A-Frame Signage…………………………………………………………………………………………………………….7
F. Greenery…………………………………………………………………………………………………………...…………..7
G. Benches.…………………………………………………………………………………………………………………………8
H. Outdoor Merchandise ………………………………………………………………………………………..………...8
Process Overview…………………………………………………………………………………………….…………………..9
Approval Process and Post-Installation.………………………………………………………………….….………10
A. Fees…………………………………………………………………………………………………….…………….…………10
B. Installation……………………………………………………………………………..…………………………………...10
C. Post-Installation……………………………………………………………………………………………...…………..10
D. Installation Removal…………………………………………………………………………………………………….11
Design Guidelines.………………………………………………………………………………….………………..……..…11
Main Street Outdoor Uses Operating Requirements…………………..……………………………………..12
Main Street Application Checklist……………………………………………………………………………….………14
Main Street Liability Release Agreement.…………………………………………………………………………..18
Main Street Neighboring Business Consent Form …………………………………..………………………….21
Main Street Renewal Form………………………………..……………………………………………………………….22
Seal Beach Main Street Outdoor Uses Guide 3
PROGRAM OVERVIEW
The expansion of outdoor accessory uses, such as the limited use of sidewalk dining areas, is
an effective strategy to not only support local businesses, but to activate the public realm by
creating pedestrian-oriented spaces worth walking to and spending time in. The City of Seal
Beach supports the expansion of outdoor uses through this program to invigorate our local
economy while maintaining a pedestrian friendly Main Street. This guidebook serves to help
local businesses and community members understand the goals, operating policies, design
standards, and permitting processes for establishing outdoor uses in the public right -of-way
within Main Street.
PROGRAM GOALS
BE ACCESSIBLE
AND
EQUITABLE
PROMOTE
WELCOMING
PLACES
SUPPORT
LOCAL
BUSINESSES
MAINTAIN A
UNIQUE VISUAL
EXPERIENCE
INCREASE
VISITOR
SATISFACTION
ATTRACT NEW
BUSINESS
MAIN STREET OUTDOOR PROGRAM
The Main Street Outdoor Use Program aims to revitalize and enhance the vibrancy of Main
Street by transforming sidewalks and public spaces into vibrant outdoor walkways and dining
areas. This initiative seeks to provide businesses along Main Street (“Main Street
Establishments”) with potential for minor decorative enhancements, signage, and potential
for limited additional outdoor seating for dining, which will help to attract customers and
foster a lively and engaging atmosphere on the Main Street sidewalks.
Seal Beach Main Street Outdoor Uses Guide 4
PROGRAM OVERVIEW
PROGRAM FOCUS
The Main Street Outdoor Use Program is designed to revitalize the frontages of ground-floor
businesses located on Main Street. The program encourages these establishments to expand
their frontage by setting up outdoor uses, such ad dining areas, benches, potted plants, and
sidewalk signs, creating a welcoming environment for visitors. The program aims to enhance
the overall aesthetic appeal of Main Street, while also providing businesses with an
opportunity to increase their visibility and attract more foot traffic. The focus on dining
outdoors emphasizes the al fresco atmosphere, allowing visitors to savor their meals amidst
natural elements and enjoy a more relaxed setting.
WHAT IS ALLOWED
ELIGIBILITY AND PERMITTING PROCESS
The placement of permitted items at their respective locations must be contained within the
frontage of an existing or proposed Main Street Establishment approved for on -premises
seating and incidental to the operation of the business. Installations must be able to retain a
minimum of eight feet of unobstructed clear width for pedestrian travel, including any
existing obstacles such as street furniture, bicycle racks, trees, and utilities with permitting
items (tables, chairs, benches, potted plants, signage, umbrellas, heaters).
WHO IS ELIGIBLE TO APPLY
ELIGIBILITY REQUIREMENTS
Eligible applicants are the fronting property and business owners in the Main Street area
with ground-floor Main Street Establishments in a manner compatible with pedestrian
traffic and surrounding uses that will abide to the operating requirements of this guidebook
and comply with all State Alcoholic Beverage Control.
The Main Street Outdoor Use Program permits property and business owners who have
ground-floor establishments to have certain permitted items at their respective locations
(more details about these items will be shared later on in the guidebook).
• Tables
• Chairs
• Benches
• Potted Plants
• Business Signage
• Umbrellas
• Heaters
Seal Beach Main Street Outdoor Uses Guide 5
PERMITTED DINING
The temporary placement of tables and chairs on public right-of-way will be permitted
based off the frontage for an existing or proposed allowed tenant along Main Street. Tables
and chairs must be in the storefront while maintaining eight feet of unobstructed sidewalk.
Tables and chairs can be located abutting the frontage wall, or located against the edge of
the roadway. Tables and chairs must be placed at least two feet from the edge of the
roadway/curb, while also maintaining the eight feet of unobstructed sidewalk. If a
neighboring business agrees to allow a neighboring restaurant to use a portion of its
storefront space, the restaurant can extend its dining area by a maximum of one foot into
the neighboring property, with submission of Neighboring Owner Consent Form as part of
the application. The permitted dining locations are as follows:
PERMITTED LOCATION
Figure 1 Permitted Dining Location Example—
Two Top Tables Adjacent to Storefront
Figure 2 Permitted Dining Location Example—
Two Top Tables Adjacent to Edge of Roadway
Figure 3 Permitted Dining Location Example—
Bench Seating Adjacent to Roadway
Seal Beach Main Street Outdoor Uses Guide 6
PERMITTED FIXTURES
PE
Tables and chairs shall be limited to one row. Tables shall be a maximum of 30 inches in
depth by 30 inches in length for two top tables, and 15 inches in depth by 60 inches in
length for tall tables. Tables must be commercial grade and have ADA-compliance.
Applicants seeking to place tall tables and bench seating against the edge of the roadway
must ensure that their design complies with the Main Street regulations, ADA-compliant,
and be at least two feet from the edge of the roadway/curb. The specific requirements and
permits may vary by location, so it is advisable to consult with the Community Development
Department for accurate guidance.
FRONTAGE
Each existing or proposed Main Street Establishment will have a maximum number of tables
in their storefront based off the frontage linear feet.
FRONTAGE LINEAR FEET MAX NUMBER OF TABLES MAX NUMBER OF CHAIRS
25 ft 2 4
37.5 ft 3 6
50 ft 4 8
Figure 4—Permitted Two Top Table A Figure 5—Permitted Tall Table Figure 6—Permitted Two Top Table B
FRONTAGE LINEAR FEET MAX NUMBER OF TABLES MAX NUMBER OF CHAIRS
25 ft 1 3
37.5 ft 2 6
50 ft 3 9
60” X 15” TABLES
30” X 30” TABLES
Seal Beach Main Street Outdoor Uses Guide 7
A-FRAME SIGNS
PERMITTED DINING
A-Frame signs shall be located so as to allow at least eight feet clearance for pedestrian
passage along a pedestrian walkway. Each business located on Main Street will be allowed
one A-Frame sign per storefront. A-Frames should be placed on the same sidewalk side as
outdoor tables and chairs. The A-Frame may have two faces, not exceeding 36 inches in
height and 24 inches in width.
Figure 7—Permitted A-Frame Storefront Figure 8—Permitted A-Frame Curbside
GREENERY
Greenery elements are encouraged along Main Street for all property and business owners.
All landscaping elements such as potted plants and similar features shall be located so as to
allow at least eight feet clearance for pedestrian passage along a pedestrian walkway.
Landscaping shall not obstruct pedestrian cross traffic and can be placed along an abutting
wall of a storefront and allowed along the edge of the walkways, greenery placed shall allow
at least eight feet clearance at all times. Landscape materials shall be selected, placed on a
site, and maintained. Businesses on corner lots cannot have greenery elements exceed a
maximum height of 30 inches within traffic safety visibility area, except for trees with the
lowest portion of their canopy maintained at a minimum height of seven feet above grade.
Seal Beach Main Street Outdoor Uses Guide 8
Benches may be added to the sidewalk as either memorial benches or non-memorial benches.
Memorial benches shall follow the process of Section C, Policy 11 of the Main Street Specific
Plan, separate of this outdoor use program. For information on memorial benches contact our
Public Works Department at: (562) 431—2527 x 1414.
Non-memorial benches may be added per these guidelines. Benches must be placed along the
wall of a storefront, allowing at least eight feet of clearance for pedestrians to pass through.
Each business is allowed one bench per storefront, this does not include City installed
memorial benches. Businesses with City installed memorial benches outside their storefront
are allowed to have one additional bench, as long as the eight feet of clearance for
pedestrians is maintained. The maximum width of the bench should not exceed 72 inches,
and all bench designs must be approved by the City.
Figure 9—Permitted Greenery & Bench
BENCHES
OUTDOOR MERCHANDISE
Outdoor merchandise of any kind, such as store clothing racks, clothing bins, and clothing
shelves shall not be approved through this program. Merchandise displayed outside on
Main Street shall be prohibited on the public right-of-way area of the sidewalk (unless with a
Special Events/Temporary Use Permit with event based time limit on public and private
property) and can only be approved to be displayed on private property through a Minor
Use Permit or Conditional Use Permit pursuant to the Outdoor Dining Display, and Sales
Section of the zoning code.
Seal Beach Main Street Outdoor Uses Guide 9
PROCESS OVERVIEW
CONSIDERING AN OUTDOOR ACCESORY USE
• Review Main Street Guide and Application Checklist • Identify location • Confirm with City staff if location is eligible • Prepare plans of proposal • Obtain written approval from property/business owner(s)
• Submit a completed Main Street Application Checklist to the
Planning Department • Include site plans, site photos and design details • Pay Main Street Outdoor Use Permit fee
APPLICATION REVIEW
• Application reviewed by applicable City Departments • Site Visit by the Community Development Inspector • Respond to City comments as needed
APPROVAL OF APPLICATION
• Approval by Community Development Director
MAIN STREET OUTDOOR USE INSTALLATION
• Install outdoor use once permit has been paid, issued and
displayed in the business window
POST – INSTALLATION
• Inspection required by Community Development • Maintain and operate in-use areas pursuant to the site plan • Pay annual permit fees each following year • Disassemble/remove installation (if applicable) at end of use or if
permit is revoked by City
SUBMIT AN APPLICATION FOR A MAIN STREET OUTDOOR USE PERMIT
Seal Beach Main Street Outdoor Uses Guide 10
MAIN STREET APPROVAL PROCESS AND POST-INSTALLATION
MAINTENANCE
All Main Street outdoor areas must be maintained by the applicant in clean and safe
conditions at all times, including sweeping and cleaning of dining locations, and appropriate
provisions for trash disposal. Owners of approved dining areas are responsible for upholding
these standards at all times.
PERMIT EXPIRATION OR CHANGE OF OWNERSHIP
Main Street outdoor permits will be valid for a one-year term. The permit shall
automatically expire on June 30th of each year. Applicants wishing to renew an expired
permit shall submit a renewal form with appropriate fees prior to June 30th. Permits may
not be transferred to new business owners at the same address. Any business that has a
change in ownership shall be subject to City approval of a new application.
This sections describes how an application will be evaluated including issues such as table
design, installation, maintenance plan, safety, etc.
FEES
Applicants will be required to pay the Main Street Dining permit fee each fiscal year (July
1st—June 30th). The permit fee is under the City Master Fee Schedule, Planning Fees
Section 26, In-House Planning Staff. The permit fee will cover the City review of the Main
Street Dining application and quarterly inspections of each dining site location. The current
City Master Fee Schedule is available on the City’s website at: https://
www.sealbeachca.gov/Departments/Finance/Financial-Reports-Documents
INSTALLATION
Applicants will be notified by the Community Development Department once an application
is approved. A permit will be issued to an applicant once the permit fee is paid (if applicable)
and design layout is approved by the Community Development Department. The permit
must be displayed in participating storefront windows and can be easily visible at all times.
POST—INSTALLATION
Following installation, applicants shall request an inspection for compliance with Community
Development. This section describes what is necessary to know after an installation is
approved, including what is expected for maintenance, operation requirements, permit
renewal processes, and the City’s authority to revoke a permit if not in compliance with
operating requirements.
Seal Beach Main Street Outdoor Uses Guide 11
1. Emergencies, necessary construction, or area maintenance at the discretion of the
Community Development Director;
2. Suspension, revocation, or cancellation of any necessary health permit(s) or failure to
comply with Alcoholic Beverage (ABC) permits/regulations;
3. Failure to comply with the outdoor use site plan;
4. Failure to comply with the operating requirements of the approval;
5. Failure to comply with any relevant Conditional Use Permit (CUP);
6. Failure to address administrative citations or other municipal code infractions, or re-
peated citations/ infractions;
7. Failure to maintain a valid business license.
DESIGN GUIDELINES
Path of travel for pedestrians (eight feet of unobstructed space) shall be maintained free
and clear of any existing obstacles including any street furniture, trees and tree wells, and
utilities, and tables and chairs are to be placed at least two feet from the edge of the
roadway. Applicant/permitee is responsible for compliance with all alcohol license
requirements, if applicable. Applicants are advised to work directly with ABC to understand
alcohol service regulations on the sidewalk. With the design standards, please note the
sidewalk size restrictions may limit the amount of Main Street Establishments able to serve
alcohol on the public right-of-way.
DESIGN STANDARDS
INSTALLATION REMOVAL
The City retains the right to revoke or suspend the permit upon written notice to the permit
holder for any cause, regardless of conformance with these provisions. Situations that may
merit suspension or revocation include, but are not limited to:
Within 24 hours of receipt of written notice of revocation or suspension, regardless of any
appeal of the action, the operation shall cease and the installation operator shall restore the
permit area to the condition existing prior to the placement of the outdoor facilities or to a
condition acceptable by the Community Development Director.
If pursuant to the above requirements, permit areas that are not restored to order in the
time specified by the City, the City may remove any and all facilities installed within the
right-of-way. Reimbursement of City costs for said removal shall be the responsibility of the
permit holder.
Seal Beach Main Street Outdoor Uses Guide 12
OPERATING REQUREMENTS FOR MAIN STREET DINING
Main Street dining permit holders are required to comply with the following operating
standards:
• Permitees are required to comply with all State Alcoholic Beverage Control (ABC) Board
requirements when permit include the sale of alcohol.
• Hours of sidewalk operation shall not begin prior to 7:00 a.m. nor extend later than
10:00 p.m.
• Eight feet of unobstructed clear space of travel for pedestrians shall be maintained free
and clear of any existing obstacles (street furniture, utilities, etc.) to the satisfaction of
the Community Development Director. Such clear pathway shall link continuously with
pathways on each side of the property and shall allow a minimum clear space of eight
feet at all times. These minimum widths are to ensure compliance with ADA standards
and reduce liability concerns due to shifting tables, wait staff or other obstructions
which can reduce the effective width.
• Tables and chairs placed at the edge of the roadway shall allow for at least two feet
from the edge of the curb to the start of the table or chair.
• Where umbrellas and awnings are used, a vertical clearance of at least seven feet above
the sidewalk must be maintained and eight feet clear path of travel.
• Items within the Main Street approved outdoor use areas may not be left when not in
use or past 10:00 p.m., except for greenery and benches, unless property is secured to
the satisfaction of the Community Development Director.
UMBRELLAS AND OTHER TEMPORARY COVERINGS
Umbrellas and temporary coverings are only permitted for Main Street outdoor dining
areas. Where umbrellas and awnings are used, a vertical clearance of at least seven feet
above the sidewalk must be maintained and eight feet of unobstructed clear space for
pedestrian travel. The placement, color, style and type of coverings shall be consist with and
complement the design and appearance of the affected building.
OTHER DESIGN CONSIDERATIONS
Portable gas (LPH) heating appliances are only permitted for Main Street outdoor dining
areas. Heating appliances cannot be located beneath or closer than 10 feet to canopies/
tents, and five feet to similar combustible materials per California Fire Code. Propane tanks
may be stored on site, but must be in an approved enclosed area of the installation to the
satisfaction of the Building and Safety Department and Orange County Fire Authority.
Heaters may not obstruct the required eight feet pedestrian path of travel.
OUTDOOR HEATERS
Seal Beach Main Street Outdoor Uses Guide 13
• Outdoor uses shall be confined to the area shown on the approved site plan and shall
not interfere with building egress.
• Outdoor uses must be maintained in a clean and safe condition at all times with
appropriate provisions for trash disposal.
• The operation must meet all required County Health Department standards, obtain any
necessary permits and service to the areas shall be conducted in a safe manner at all
times.
• The permit issued shall not be transferable in any manner, unless approved by the City
with submittal of a new application reflecting new ownership.
• Main Street dining operations shall in no way interfere with access to City utilities.
• Smoking shall be prohibited in the dining areas.
• Issuance of the Main Street outdoor use permit shall not permit or allow the placement
of any permanent or temporary structure or improvement on public or private property
in violation of any state or federal accessibility law, including the Americans with
Disability Act, or prohibit or suspend immediate code enforcement action deemed
necessary by the Building Official, City Engineer, or any other authorized enforcement
official of the City, to remedy or abate: a dangerous condition or activity; any activity
presenting imminent threat or harm to the health, safety or welfare of the community;
any violation of state or federal accessibility law; or any unauthorized activity on private
property or in the public right-of-way. Permit holders are responsible for ensuring
accessibility and ADA compliance of their Main Street dining areas.
• All propane cylinders used for outdoor gas heaters shall be stored and secured pursuant
to regulations in the California Code of Regulations and California Fire Code. Cylinders
placed in the public right-of-way shall be safely secured and locked with the heather
enclosure or stored in vented safety cages or cabinets in a flat area that does not collect
water and is adequately shielded from pedestrian and motor vehicle traffic.
• Outdoor display of merchandise is not permitted on public property along Main Street.
Property owners must go through an outdoor display minor use permit or conditional
use permit pursuant to the Outdoor Dining, Display, and Sales section of the zoning code
for outdoor display of merchandise on private property.
Seal Beach Main Street Outdoor Uses Guide 14
MAIN STREET OUTDOOR USE PERMIT CHECKLIST
Applications for Main Street Outdoor Use Permit in the public right-of-way
shall include the following:
Business Information
Project Description
Photos of Existing Site
Project Site Plan/Conceptual Rendering
Encroachment Permit
Checklist items for Main Street Outdoor Use Permit applications are described in further
detail below. Planning Application forms and checklist materials are available on the City’s
website at: www.sealbeachca.gov/Departments/Community-Development/Planning-
Development/Planning-Forms
APPLICANT/BUSINESS INFORMATION
Provide business information, contact information for the applicant and entity responsible
for maintaining/operating the outdoor use area, and signatures authorizing the application
and liability release agreement (an agreement wherein the recipient of the permit agrees to
hold the City harmless from liability arising from the operating of the outdoor use area, if
within public right-of-way). Businesses are responsible for ensuring they have an active Seal
Beach business license issued to the business owner.
PROJECT DESCRIPTION
Provide a brief cover letter with a description of the proposed installation. Describe
intended operating plan, including activity proposed within space, proposed hours of
operation, and maintenance plans. All Main Street Outdoor Use applications should include
a description of the type, color and material proposed for outdoor furnishings, such as
tables, chairs, barrier systems, planters, signs, benches, etc.
PHOTOS OF EXISTING SITE
Applicants should include at least two photos showing the proposed location for the Main
Street use area. The photos should show the proposed dining area space and any unusual
characteristics of the site.
PROOF OF LIABILITY INSURANCE
Prior to approval of Main Street Outdoor Use Permit for installations in the public right -of-
way, applicants will also need to provide proof of liability insurance meeting City standards,
including naming the City as additionally insured for the term of the permit approval.
Seal Beach Main Street Outdoor Uses Guide 15
MAIN STREET OUTDOOR USE PERMIT CHECKLIST
PROJECT SITE PLAN / CONCEPTUAL RENDERING
Provide a site plan for the proposed installation, drawn to scale. This can be done by hand or
digitally. Applicants are not expected to have professional plans drawn. Plans should identify
distance to nearest curb, location of any adjacent utilities, street furniture, lighting and
landscape features. Plans should also identify the number, size and configuration of tables
and chairs proposed, type of barrier system to be used if alcohol will be served (Alcohol
Beverage Control compliant) sidewalk clearances and obstructions in the vicinity and other
furnishings to be included in the dining area.
1. Example Site Plan
2. Example Site Plan
Seal Beach Main Street Outdoor Uses Guide 16
MAIN STREET OUTDOOR USE PERMIT CHECKLIST
Main Street Outdoor Use permit holders are required to comply with the following
operating standards. Please read the following carefully and initial each section to indicate
your understanding and agreement:
_____ Permitees are required to comply with all State Alcoholic Beverage Control (ABC)
Board requirements.
_____ Hours of sidewalk operation shall not begin prior to 7:00 a.m. nor extend later than
10:00 p.m.
_____ Eight feet of unobstructed clear space of travel for pedestrians shall be maintained
free and clear of any existing obstacles (street furniture, utilities, etc.) to the
satisfaction of the Community Development Director. Such clear pathway shall link
continuously with pathways on each side of the property and shall allow a minimum
clear space of eight feet at all times. These minimum widths are to ensure
compliance with ADA standards and reduce liability concerns due to shifting tables,
wait staff or other obstructions which can reduce the effective width.
_____ Tables and chairs placed at the edge of the roadway shall allow for at least two feet
from the edge of the curb to the start of the table or chair.
_____ Where umbrellas and awnings are used, a vertical clearance of at least seven feet
above the sidewalk must be maintained and eight feet clear path of travel.
_____ Items within the Main Street outdoor use areas, except for benches and greenery,
may not be left when not in use or past 10:00 p.m., unless property is secured to the
satisfaction of the Community Development Director.
_____ Outdoor use areas shall be confined to the area shown on the approved site plan and
shall not interfere with building egress.
_____ Outdoor use areas must be maintained in a clean and safe condition at all times with
appropriate provisions for trash disposal.
_____ The operation must meet all required County Health Department standards, obtain
any necessary permits and service to the areas shall be conducted in a safe manner
at all times.
_____ The permit issued shall not be transferable in any manner, unless approved by the
City with submittal of a new application reflecting new ownership.
_____ Main Street dining operations shall in no way interfere with access to City utilities.
_____ Smoking shall be prohibited in the dining areas.
Seal Beach Main Street Outdoor Uses Guide 17
MAIN STREET OUTDOOR USE PERMIT CHECKLIST
_____ Issuance of the Main Street outdoor use permit shall not permit or allow the
placement of any permanent or temporary structure or improvement on public or
private property in violation of any state or federal accessibility law, including the
Americans with Disability Act, or prohibit or suspend immediate code enforcement
action deemed necessary by the Building Official, City Engineer, or any other
authorized enforcement official of the City, to remedy or abate: a dangerous
condition or activity; any activity presenting imminent threat or harm to the health,
safety or welfare of the community; any violation of state or federal accessibility law;
or any unauthorized activity on private property or in the public right-of-way. Permit
holders are responsible for ensuring accessibility and ADA compliance of their Main
Street dining areas.
_____ All propane cylinders used for outdoor gas heaters shall be stored and secured
pursuant to regulations in the California Code of Regulations and California Fire
Code. Cylinders placed in the public right-of-way shall be safely secured and locked
with the heather enclosure or stored in vented safety cages or cabinets in a flat area
what does not collect water and is adequately shielded from pedestrian and motor
vehicle traffic.
_____ Merchandise, such as clothing racks, clothing bins, and clothing shelves are not
permitted on public property along Main Street. Property owners must go through
an outdoor display conditional use permit for the outdoor display of merchandise on
private property.
Seal Beach Main Street Outdoor Uses Guide 18
MAIN STREET OUTDOOR USE LIABILITY RELEASE AGREEMENT
This Liability Release Agreement (“Agreement”) is made and
entered into as of ___________________________________ [DATE]
by and between: __________________________________________________ [BUSINESS NAME]
___________________________________________________________ [INSERT TYPE OF ENTINTY]
e.g., a California corporation, a California limited liability company,
and/or individual , with its principal place of business at
____________________________________________________________________ [ADDRESS]
(“Establishment’), and The City of Seal Beach (“City”).
WHEREAS, Establishment desires to enter the Main Street Outdoor Use Program; and
WHEREAS, Establishment desires to ensure the safety and maintenance of the outdoor use
location.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, both herby agree as follows:
TERMS
I hereby certify that I am the owner of duly authorized representative of the Establishment
describe above. The Establishment understands and acknowledges that there are risks and
dangers that it, its property, and its representatives, employees, agents, customers, and
vendors, as well as members of the public, and others may encounter by the
establishment’s choice to operate an outdoor use area, including but not limited to
exposures to defects on the premises, inclement weather, conditions caused by inclement
weather, theft, vandalism, and vehicles.
Therefore, in consideration of the mutual promises contained herein, for being permitted by
the City of Seal Beach (“City”), pursuant to the ordinances, rules and regulations of the City,
to operate outdoor uses in and on the public sidewalk and/or other public right -of-way, and
for other good and valuable consideration, the sufficiency of which hereby acknowledged,
the Establishment agrees and understands that:
1. Assumption of Risk. The operation of outdoor dining involves and may expose all
participants to the risk of bodily injury, death personal injury and/or property damage,
and there are risks associated with such activity. The Establishment is voluntarily
participating in the outdoor use. The Establishment ’s operation of the outdoor use shall
be at the Establishment’s sole risk, and the Establishment hereby assumes any and all
risks of bodily injury, death, property damage and/or personal injury of any kind suffered
by the Establishment or by any other person or entity arising out of, connected with
Seal Beach Main Street Outdoor Uses Guide 19
MAIN STREET OUTDOOR USE LIABILITY RELEASE AGREEMENT
and/or as a result of the Establishment ’s operation of outdoor use, except to the
extent arising out of the gross negligence or willful misconduct of the City.
2. Hold Harmless and Indemnification. To the fullest extent permitted by law, the
Establishment, each of its owners thereof, and its transferees, successors and assignees,
agree to and shall indemnify, defend, and hold harmless the City of Seal Beach and each
of its officials, officers, employees, agents, volunteers and those City agents serving as
independent contractors in the role of City officials, from and against any and all
liabilities, claims, demands, suits, actions, damages, causes of action, proceedings,
judgments, and losses of any nature whatsoever, known or unknown, of every type and
nature whatsoever, whether actual or threatened, including but not limited to fees of
attorneys, accountants, and other professionals and all costs associated therewith,
consequential damages, and reimbursement of attorneys’ fees and costs of defense, in
law or in equity, whether actual, alleged or threatened, to persons or property, including
but expressly not limited to, bodily injury, death, personal injury, property damage, or
otherwise, arising out of, related to or in connection with (a) the Establishment ’s
participation in outdoor dining; the Establishment ’s use or occupancy of any portion of
the public sidewalk and/or public right-of-way and/or arising from or in any manner
connected to the condition of such premises, and/or the furnishing or supplying of any
work, services, materials, equipment, or supplies by the Establishment in connection
with the Establishment’s participation in outdoor dining or the outdoor dining permit; or
the violation of the outdoor dining program requirements, violation or breach of any
conditions of the outdoor use permit and/or outdoor use program rules, regulations and
ordinances by the Establishment, any of its officers, directors, officials, employees,
agents, invitees, guests, employees, or anyone in, on or about the premises invited by
and/or with the permission and consent of the Establishment, with respect to the
premises or the operations, activities or services, of any nature whatsoever, of outdoor
dining; except that such duty to defend, indemnify and hold harmless shall not include
loss or damage to the extent arising from the sole negligence, gross negligence, or willful
misconduct of the City, its officers, officials, agents, employees, volunteers, or those City
agents serving as independent contractors in the role of City officials.
3. Insurance Requirements. The Establishment shall provide and maintain at its own
expense for outdoor dining insurance or liability coverage covering the services and
operations relating to outdoor dining in coverages, form and amounts satisfactory to the
City. All such policies of insurance and liability coverage shall name the City and its
officials, officers, employees, agents, volunteers, and those City agents serving as
independent contractors in the role of City officials, as additional insureds; and shall
further contain a waiver of subrogation as against the City, its officials, officers,
Seal Beach Main Street Outdoor Uses Guide 20
MAIN STREET OUTDOOR USE LIABILITY RELEASE AGREEMENT
employees, agents, volunteers, and those City agents serving as independent contractors in
the role of City officials.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS
CONTENTS AND AGREES TO BE BOUND BY IT. I AM AWARE THAT THIS IS A RELASE
OF LIABILITY AND A CONTRACT BETWEEN THE ESTABLISHMENT AND THE CITY OF
SEAL BEACH. THE UNDERSIGNED REPRESENTS IT HAS FULL AUTHORITY TO EXECUTE
THIS RELEASE ON BEHALF OF HIS/HER OWN BEHALF AND ON BEHALF OF THE
ESTABLISHMENT.
I declare under penalty or perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this __________________________ day of _____________________, 20_______,
at _______________________________, California.
SIGNATURE:___________________________________
PRINT NAME:__________________________________
TITLE:________________________________________
Seal Beach Main Street Outdoor Uses Guide 21
MAIN STREET NEIGHBORING BUSINESS CONSENT FORM
TO BE COMPLETED BY MAIN STREET OUTDOOR USE OWNER
Business Name:________________________________________________________
Business Address:_______________________________________________________
Business License No:____________________________________________________
TO BE COMPLETED BY NEIGHBORING BUSINESS OWNER
I ______________________________ (NAME), am the legal owner of the property
located at _____________________________________________________ (ADDRESS)
which is an adjoining property to the business noted above. I have no objection to
granting my consent for the above named business to use one foot of my business
property for permitted outdoor uses.
DATE: ___________________SIGNATURE:___________________________________
PRINT NAME:__________________________________
TITLE:________________________________________
DATE: ___________________SIGNATURE:___________________________________
PRINT NAME:__________________________________
TITLE:________________________________________
Seal Beach Main Street Outdoor Uses Guide 22
MAIN STREET OUTDOOR USE RENEWAL FORM
Main Street Outdoor Use renewal includes:
Completion of Outdoor Use Renewal Form
Any changes since your original outdoor use submission
Annual permit fee (Planning Fees Section 26, In-House Planning Staff)
The fee schedule is available on the City ’s website at: https://www.sealbeachca.gov/
Departments/Finance/Financial-Reports-Documents
Forms and materials are available on the City ’s website at: www.sealbeachca.gov/
Departments/Community-Development/Planning-Development/Planning-Forms
BUSINESS INFORMATION
Business Name:________________________________________________________
Business Address:_______________________________________________________
Business License No:____________________________________________________
Owner/Operator Name: _________________________________________________
Contact Phone: ________________________________________________________
Email Address:_________________________________________________________
OUTDOOR USE CHANGES
Your initial outdoor use permit included, among other items:
• Business and Contact Information
• Description of proposed installation
• Photos of proposed outdoor use area
• Site plan
Each year, the business owner is required to report any changes to this information
before renewal permit can be issued.
CHOOSE ONE:
NO, there have been NO CHANGES to the outdoor use plan or information since
the last time I paid the annual permit fee.
YES, there have been CHANGES to the outdoor use plan or information since the
last time I paid the annual permit fee. Updated forms showing all changes must accompany
this renewal form.
Seal Beach Main Street Outdoor Uses Guide 23
APPLICANT STATEMENT
I hereby certify under penalty of perjury under the laws of the State of California
that I am the owner and/or duly-authorized representative of the owner of the
above-named business, and that I am responsible for the daily operations, cleaning
and maintenance of the Main Street outdoor use location. I hereby acknowledge
that I have received, and read all Main Street Outdoor Use requirements as set forth
in the Main Street Outdoor Use Guide, insurance requirements, Outdoor Use permit
operational conditions, and all other provisions of the Seal Beach Municipal Code,
and shall abide by all terms, provisions and conditions set forth therein; and I
further fully understand that noncompliance with said requirements may result in
citations, fines and/or the loss of this permit.
OFFICE USE ONLY:
DATE RECEIVED: ______________FISCAL YEAR: _____________ ACTIVE BUSINESS LICENSE: Yes No
RENEWAL FEE PAID: Yes No STAFF INITALS: _________
DATE: ___________________SIGNATURE:___________________________________
PRINT NAME:__________________________________
TITLE:________________________________________